It’s usually more straightforward and less expensive if you agree how to divide your money and property. Get help agreeing . Making your agreement legally binding To make your agreement legally binding you need to draft a consent order and ask a court to approve it. If your agreement is not legally binding, a court cannot enforce it if there are any issues later. A consent order is a legal document that confirms your agreement. It explains how you’re going to divide up assets like: pensions property savings investments It can also include arrangements for maintenance payments , including child maintenance. You can get legal advice or you can ask a solicitor or divorce specialist to draft a consent order for you. When to ask the court for approval You can ask the court to approve your draft consent order when you apply for your divorce or dissolution, or at any time after that. It’s usually simpler to ask for approval: after you have your conditional order or decree nisi – the court cannot approve a consent order before this before you get your final order or decree absolute – if you ask after this, there may be financial consequences, particularly for pensions The consent order will only take effect after you get your final order or decree absolute. How to ask the court for approval You and your ex-partner have to: draft a consent order sign the draft consent order - you also need 2 photocopies of the signed original fill in a statement of information form One of you also needs to fill in a notice of an application for a financial order . If you’re ending a civil partnership or legally separating, send the signed forms and copies with the £60 fee to the court dealing with your paperwork. Keep your own copies. If you’re divorcing, send the signed forms and copies with the £60 fee to: HMCTS Financial Remedy PO Box 12746 Harlow CM20 9QZ You may be able to get help with court fees if you’re on benefits or a low income. There’s usually no court hearing. A judge will approve your consent order to make it legally binding if they think it’s fair. If they do not think it’s fair, they can ask you to change it. How much it costs The court fee is £60. Legal adviser fees vary depending on their experience and location.

A mediator can help you and your ex-partner agree on how to split money and property, without taking sides. Mediation is not relationship counselling. It can help you agree on how you’ll divide your assets, including: pensions property savings investments Mediation can be quicker and cheaper than asking a court to decide for you. You need to attend a mediation information assessment meeting ( MIAM ) before you start mediation. Find a local mediator . The mediator can decide that mediation is not right for you (for example, if there’s been domestic abuse and you need to go to court instead). How much it costs A MIAM is usually about £120. If you need more mediation sessions they cost more and fees vary depending on where you live. Check if you can get legal aid for mediation. Making your agreement legally binding At the end of mediation you’ll get a document showing what you agreed. This agreement is not legally binding. If you want a legally binding agreement you need to draft a consent order and get a court to approve it . The consent order can be based on what you agreed in mediation. If you need more help agreeing You can: ask a legal adviser about other ways to resolve issues out of court (such as family arbitration or collaborative law) get information and advice from Citizens Advice read guidance to help you sort out finances when you get divorced work out your finances with a divorce and separation calculator If you do not agree on everything You can ask a court to decide on anything you have not agreed on.

The court sometimes tells the person with the higher income to make regular maintenance payments to help with the other person’s living costs. This is called a ‘maintenance order’. A maintenance payment can be set for: a limited period of time until one of you dies, marries or enters into a new civil partnership The payment can also be changed if one of you loses your job or gets much better paid work. Child maintenance The court can also decide on child maintenance, but this is often arranged by the Child Maintenance Service . Read more about making arrangements to look after children when you divorce or separate .

Tax when transferring assets

You do not usually have to pay Capital Gains Tax if you give, or otherwise ‘dispose of’, assets to your husband, wife or civil partner before you finalise the divorce or civil partnership. Assets include shares and investments , certain personal possessions and property . You usually do not have to pay tax if you transfer or sell your main home . If you transfer an asset when you’re separated If you lived together at any point in the tax year that you transferred the asset, the normal rules for spouses and civil partners apply. Otherwise you may have to pay Capital Gains Tax. You’ll need to get a valuation of the asset on the date of transfer, and use it to work out the gain or loss . The tax year is from 6 April to 5 April the following year. If you transfer an asset after you’ve divorced or ended your civil partnership You may have to pay Capital Gains Tax on assets you transfer after your relationship has legally ended. The rules for working out your gain or loss are complex. Contact HM Revenue and Customs ( HMRC ) or get professional tax help , such as an accountant or tax adviser. You’ll need to tell them the date of: the final order or decree absolute if you’re divorced the final order if you have ended a civil partnership any court order, if assets were transferred this way any other contract showing the transfer of assets

Money and property when you divorce or separate

Getting a financial agreement

When you divorce or end a civil partnership you and your ex-partner need to agree how to separate your finances.

This includes deciding how you’re going to divide:

pensions
property
savings
investments

You might get things like:

a share of your partner’s pension - including State Pension or private pension plans
regular maintenance payments to help with children or living expenses

You can usually avoid going to court hearings if you agree how to split your money and property.

The rules are different if you were not married or in a civil partnership. You’ll still have to agree on child maintenance payments for any children.

There are different options in Scotland and options in Northern Ireland.

This guide is also available in Welsh (Cymraeg).

Making an agreement legally binding

If you and your ex-partner agree on how to divide money and property, you need to apply for a consent order to make it legally binding.

Get help agreeing

You can use a mediator or get other help to resolve issues out of court.

Get the court to decide

If you cannot agree on everything, you can ask a court to make a financial order.

View a printable version of the whole guide

Step 1 Get support and advice
You can get support or counselling to help you through the divorce process.
1. Get support and advice from Relate
2. Find a counsellor on Counselling Directory
Step 2 Check if you can get divorced
1. Check if you can get a divorce
2. Get legal advice if you want help with the divorce process
Step 3 Make arrangements for children, money and property
Step 4 Apply for a divorce
Step 5 Apply for a ‘conditional order’ or ‘decree nisi’
1. Apply for a ‘conditional order’ or 'decree nisi'
Step 6 Finalise your divorce
1. Apply for a ‘final order’ or 'decree absolute'
Step 7 Report that your circumstances have changed
You also have to tell other government organisations that you're getting divorced if:
- you get benefits
- your visa is based on your marriage

Money and property when you divorce or separate

Getting a financial agreement

Making an agreement legally binding

Get help agreeing

Get the court to decide

Step 1 Get support and advice

Step 2 Check if you can get divorced

Step 3 Make arrangements for children, money and property

Step 4 Apply for a divorce

Step 5 Apply for a ‘conditional order’ or ‘decree nisi’

Step 6 Finalise your divorce

Step 7 Report that your circumstances have changed

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Money and property when you divorce or separate

Getting a financial agreement

Making an agreement legally binding

Get help agreeing

Get the court to decide

Part of Get a divorce: step by step

Step 1: Get support and advice

Step 2: Check if you can get divorced

Step 3: Make arrangements for children, money and property

Step 4: Apply for a divorce

Step 5: Apply for a ‘conditional order’ or ‘decree nisi’

Step 6: Finalise your divorce

Step 7: Report that your circumstances have changed

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK

Step 1 Get support and advice

Step 2 Check if you can get divorced

Step 3 Make arrangements for children, money and property

Step 4 Apply for a divorce

Step 5 Apply for a ‘conditional order’ or ‘decree nisi’

Step 6 Finalise your divorce

Step 7 Report that your circumstances have changed