Dividing up money and belongings when you separate

Summary

If you still can’t agree what happens to your money after you separate, you’ll need to apply to the courts for a financial order. This asks a judge to decide how to divide things up. You’ll normally need to show that you’ve tried mediation before you apply to court. There are exceptions that mean you don’t have to try mediation first - for example, if you’ve experienced domestic abuse. Check how mediation works. You can apply for a financial order at any time after you’ve you’ve filed an application to end your marriage or civil partnership, but it’s best to do it before you receive your decree absolute or final order. The longer you wait to apply after separating, the less the judge might award you. You can read more about applying for a financial order on GOV.UK. You might be able to get legal aid to pay for mediation when you separate, but it’s very hard to get it for legal costs - even if you’re on benefits. You can usually only get legal aid if you or your children have been victims of domestic abuse. Domestic abuse includes controlling behaviour, like stopping you from withdrawing your own money. There might be other ways you can pay less for your legal help. Read about help.

Key information

• •If you still can’t agree what happens to your money after you separate, you’ll need to apply to the courts for a financial order. This asks a judge to decide how to divide things up.
• •You’ll normally need to show that you’ve tried mediation before you apply to court. There are exceptions that mean you don’t have to try mediation first - for example, if you’ve experienced domestic abuse. Check how mediation works.
• •You can apply for a financial order at any time after you’ve you’ve filed an application to end your marriage or civil partnership, but it’s best to do it before you receive your decree absolute or final order. The longer you wait to apply after separating, the less the judge might award you.
• •You can read more about applying for a financial order on GOV.UK.
• •You might be able to get legal aid to pay for mediation when you separate, but it’s very hard to get it for legal costs - even if you’re on benefits.
• •You can usually only get legal aid if you or your children have been victims of domestic abuse. Domestic abuse includes controlling behaviour, like stopping you from withdrawing your own money.
• •There might be other ways you can pay less for your legal help. Read about help with legal fees when you separate.

Practical guidance

• •Source: [Dividing up money and belongings when you separate](https://www.citizensadvice.org.uk/family/sorting-out-money/dividing-up-money-and-belongings-when-you-separate/)

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