What to do before applying to court for a financial order
Before you apply for a financial order, the rules expect you to try to settle things without court. This usually means a MIAM, trying a form of non-court dispute resolution, sharing financial information and setting out what you want.
- Starting a case
- Responding to a case
How long it takes, and what it would cost
- On your own
- Several evenings of reading
- With Wren
- About 15 minutes
- Solicitor to get started
- £250 to £4901 to 2 hours
Times and hours are Wren’s estimates for a typical case, not quotes. Solicitor costs are those hours at £247 an hour, the courts’ guideline rate for a solicitor with over four years’ experience, outside London (GOV.UK, Solicitors' guideline hourly rates (in effect from 1 January 2026)). The guideline runs from £200 to £295 an hour outside London depending on experience, firms set their own rates, and VAT is added on top.
The pre-application protocol
Practice Direction 9A has an annex called the pre-application protocol. It sets out the steps the court expects before anyone applies for a financial order.
Everyone must follow it, even if they do not have a lawyer. The court will ask what steps each of you took. It applies to the person thinking of applying and to the other person.
- Attend a MIAM, unless an exemption applies.
- Consider and try a form of non-court dispute resolution, where it is safe and suitable.
- Give full and honest financial disclosure.
- Set out clearly what orders you are asking for.
- Try to negotiate, including by making settlement proposals.
Writing to the other person
The protocol says to avoid long and unnecessary letters. Correspondence should help to identify the issues and what each of you is claiming.
Think about how a letter will feel to the person reading it, especially the first one. The protocol warns against taking up hostile positions.
If a lawyer writes to someone without a lawyer, the protocol says they should recommend independent legal advice. They should also enclose a second copy of the letter. It says a reasonable time to reply may be 14 days.
Sharing financial information
The protocol expects you to try voluntary disclosure before going to court. This means sharing information about your finances so you can negotiate on a proper footing.
Disclosure must be full, honest and open. Requests for documents should be limited to what is necessary and relevant.
The protocol suggests using the court's financial statement as the format. That is Form E for financial claims on divorce or dissolution. Form E1 is for claims for children under Schedule 1, and Form E2 for some variation claims.
The duty to disclose carries on. If something important changes after you have shared your information, you should say so.
Mediation and other non-court options
The court expects you to have tried at least one form of non-court dispute resolution before applying. This does not apply where there are safety concerns or another good reason.
- Mediation: a neutral mediator helps you reach your own agreement.
- Arbitration: an arbitrator decides the dispute for you.
- Neutral evaluation: someone neutral gives a view on the likely outcome. A private FDR is one type.
- The collaborative process: each of you has a specially trained lawyer and you meet together.
If you are not willing to try non-court options
The protocol says you should give your reasons in writing. This makes your position clear to the other person and to the court.
If you are already in mediation or another process, the protocol says not to apply to court until it has ended.
If there has been domestic abuse, mediation may not be suitable. Abuse is one of the reasons the rules accept for not attending a MIAM.
The MIAM before Form A
A MIAM is a Mediation Information and Assessment Meeting with an authorised family mediator. You must usually attend one before applying for a financial order on Form A.
The other person is expected to attend a MIAM too. You do not need a MIAM to apply for a consent order. You also do not need one to enforce an existing financial order.
GOV.UK says a MIAM usually costs about £120.
Form FM5
Once a financial case starts, each of you files Form FM5 and sends a copy to the other. It sets out your position on non-court dispute resolution.
The protocol says it must be filed and served at least 7 working days before the first hearing. The court can take what you say on the FM5 into account on costs.
What happens if the protocol is not followed
The usual rule in financial cases is that each person pays their own legal costs. The court can depart from that rule. Any breach of the protocol is taken into account when it decides.
- Open settlement offers made before the application.
- Not attending a MIAM without an exemption.
- What each of you said on Form FM5.
- Whether and when financial disclosure was given.
- Failing, without good reason, to attend non-court dispute resolution.
Other things the court can do
If non-court dispute resolution has not been tried, the court can pause the case to allow it. The Financial Remedies Court guide says the court may decline to start the timetable, or suspend it.
The protocol also says costs should not be out of proportion to what is at stake. After disclosure and negotiation, you should not apply where settlement is a reasonable prospect.
Child maintenance
Child maintenance is usually arranged outside the court. GOV.UK says parents can make a private arrangement if they both agree. This is sometimes called a family-based arrangement.
Otherwise, the Child Maintenance Service can work out an amount, arrange payments and take action if a parent does not pay. GOV.UK says the court can decide child maintenance, but it is often arranged by the Child Maintenance Service.
Key dates
- A reasonable time to reply to a letterThe protocol says this may be 14 days where a lawyer writes to someone without a lawyer.Source: official page (external source, opens in a new tab)
- Before you apply on Form AAttend a MIAM, unless an exemption applies or you are applying for a consent order.Source: Summary para 3; Protocol para 8 (external source, opens in a new tab); para 13(1)(a), 13(2) (external source, opens in a new tab); para 13(2)(a) (external source, opens in a new tab)
- At least 7 working days before the first hearingEach of you files Form FM5 and sends a copy to the other.Source: official page (external source, opens in a new tab)
Get organised with Wren Family
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Common questions
Do I have to try mediation before applying for a financial order?
You must usually attend a MIAM first, unless an exemption applies. The court also expects you to have tried at least one non-court option, unless there are safety concerns or another good reason.
Do I have to fill in Form E before going to court?
Not as a formal step. The protocol suggests using Form E as the format when you share financial information voluntarily before applying.
What if the other person will not mediate?
You can still attend your own MIAM and then apply. If someone is unwilling to try non-court options, the protocol says they should give reasons in writing.
Can not following the protocol affect costs?
Yes. The court takes breaches into account when deciding whether to depart from the usual rule that each person pays their own costs.
Does the court decide child maintenance?
It can, but GOV.UK says child maintenance is often arranged through the Child Maintenance Service. Parents can also make a private arrangement if they both agree.
Where these facts come from
These are the official rules and pages this page is based on. They are listed so you can check a detail for yourself; you do not need them to use Wren. They are outside Wren and open in a new tab.
- Practice Direction 9A and its pre-application protocol (external source, opens in a new tab)
- Practice Direction 3A (MIAMs) (external source, opens in a new tab)
- Financial Remedies Court, Financial Remedies Guide (March 2026) (external source, opens in a new tab)
- GOV.UK: Money and property when you divorce or separate, get help agreeing (external source, opens in a new tab)
- GOV.UK: Money and property when you divorce or separate, maintenance payments (external source, opens in a new tab)
- GOV.UK: Making a child maintenance arrangement (external source, opens in a new tab)
- Form FM5 (04.24.v2) (external source, opens in a new tab)