Money · Guide

What happens at a final hearing in a financial remedy case

The final hearing is where a judge decides how money, property and pensions are divided if you have not agreed. Before it, each party files open proposals, a statement of costs and evidence, and the applicant usually prepares the court bundle.

Starting a case
Responding to a case
Already in court

How long it takes, and what it would cost

On your own: Several days
With Wren: A couple of hours
Solicitor for each hearing: £740 to £1,4803 to 6 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.

Open proposals

If the FDR does not settle, each party files and serves an open proposal within 21 days, unless the court sets another date. If there was no FDR, the default is at least 42 days before the final hearing.

The applicant must also file and serve an open statement of the orders sought, with amounts, at least 14 days before the hearing. The respondent does the same within 7 days of receiving the applicant's statement.

Evidence and section 25 statements

The court may direct each party to file a section 25 statement. This is written evidence about the matters the court must consider under section 25 of the Matrimonial Causes Act 1973.

The Financial Remedies Guide says it must be in the first person and contain evidence only, not argument or opinion. It should state the source of what you believe and normally not exceed 15 pages.

If you rely on a witness statement, that witness may be questioned on all of it at the hearing.

Documents to file

There are several documents with set deadlines before the final hearing.

Form H1, a full statement of costs, at least 14 days before.
The court bundle, at least five working days before, by the applicant unless the court directs otherwise.
Updated ES1 and ES2, a composite chronology and an agreed statement of issues, by 11:00 the working day before.
A position statement of no more than 15 pages before a district or circuit judge.

The bundle

The bundle is the indexed set of documents the judge reads. The Financial Remedies Guide limits it to 350 pages. It must include both parties' FM5 forms and Forms H or H1.

If you are an applicant without a lawyer and the respondent has one, the respondent prepares the bundle. If neither of you can build an electronic bundle, the applicant should contact the court early to explain and suggest a solution.

How the judge decides

GOV.UK says the judge looks at the length of the marriage or civil partnership. The judge also considers each person's age, earning ability, property, money, living expenses and standard of living. Needs, responsibilities, family contributions and any disability count too.

Arrangements for children come first, especially housing and child maintenance. The reason for the divorce is not taken into account. The judge will usually try to arrange a clean break, so you have no ongoing financial ties.

Longer hearings and safety

A final hearing of three days or more before a district or circuit judge has a pre-trial review about four weeks before. The judge approves a timetable for the hearing.

If domestic abuse is alleged and oral evidence may be given, you may need to complete form EX740 or EX741. These let the court consider stopping one party questioning the other in person. If you are in danger, call 999 in an emergency. You can ask the court to keep your address and contact details from the other party using Form C8.

After the order

An order that shares or attaches a pension must say so. It must come with an annex for each pension, on Form P1 or P2. The court sends, or directs a party to send, the order to the pension provider within 7 days.

The general rule is that neither party pays the other's costs. The court can depart from this because of a party's conduct.

Key dates

Within 21 days after the FDREach party files and serves an open proposal, unless the court sets another date.Source: r 9.27A(1) (external source, opens in a new tab)
About four weeks before (hearings of three days or more)Pre-trial review, ideally before the trial judge.Source: paras 68-72 (external source, opens in a new tab)
At least 14 days beforeApplicant files and serves an open statement of the orders sought.Source: r 9.28(1) (external source, opens in a new tab)
At least 14 days beforeBoth parties file and serve Form H1.Source: r 9.27(4) (external source, opens in a new tab)
Within 7 days after the applicant's open statementRespondent files and serves an open statement.Source: r 9.28(2) (external source, opens in a new tab)
At least five working days beforeApplicant files and serves the court bundle.Source: paras 81, 83 (external source, opens in a new tab)
By 11:00 on the working day beforeApplicant files updated ES1, ES2, a chronology and a statement of issues.Source: paras 74, 75 (external source, opens in a new tab)

Get organised with Wren Family

You still run your own case, with help at every step. Wren Family turns long official forms into short, plain-English questions, guides you through each hearing, helps you write statements in your own words, and keeps your dates, papers and orders in one place. Nothing is sent to the court for you.

Get started

Free for 14 days, no card. Then £19.99 a month, with your money back within 14 days if it’s not right.

Common questions

What does the judge consider at a financial final hearing?

GOV.UK lists factors including the length of the marriage, each person's age, earning ability, needs, standard of living, contributions and health. Children's needs come first.

Does the reason for the divorce affect the money?

GOV.UK says the reason for the divorce or dissolution is not taken into account.

What is an open proposal?

It is a settlement offer the trial judge can see. Each party files one after an FDR that does not settle.

What is a clean break?

It means everything is shared out and you have no ongoing financial ties to each other. GOV.UK says the judge will usually try to arrange one.

Will I have to pay costs if I lose?

The general rule is no order for costs. The court can make one where a party's conduct justifies it, such as refusing to negotiate reasonably.

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.

Last checked against its sources on 7 October 2026. How we check our pages.