Divorce checklist and paperwork organiser (England and Wales)
For anyone divorcing or separating in England and Wales: Form E, consent orders, pensions and children's arrangements, on A4. Here is a practical way to organise your papers so you, the other side and the judge can find everything quickly.
The quick version
- Keep every document in one binder, split into the sections below.
- Write down every date and deadline the moment you get it.
- Give each piece of evidence a reference and use it everywhere.
- Number the pages and keep an up-to-date index at the front.
Documents to gather
Gather these before you complete Form E or meet your solicitor. Tick each one off as you find it.
- Original marriage certificate or certified copy (translation if not in English)
- Proof of any name change, such as a deed poll
- Both full names and current addresses
- Passports, driving licences and National Insurance numbers
- Case number and notice of issue
- Conditional order certificate and final order (keep safe)
- Any previous court orders or agreements
- Last 3 payslips and latest P60 for each employment
- P11D, if issued
- Self-employed: last tax assessment or accountant's letter
- Management accounts, if your income is changing significantly
- Benefit award letters, including Child Benefit
- Statements for every bank, building society and savings account, last 12 months
- Statements for overdrawn accounts and accounts you only have an interest in
- Latest statement for each ISA, share, bond or unit trust
- Surrender valuation for each life or endowment policy
- Details of any cash over £500
- Valuation of the family home (within 6 months, or a realistic estimate)
- Title and Land Registry details
- Recent mortgage statement for each mortgage
- Valuation and mortgage statement for any other property
- Rental or tenancy agreement
- Estimated sale costs and equity
- Cars, jewellery, collections and furniture worth over £500
- List of every pension: workplace, personal, old employers, public sector
- Form P requests sent to each provider, with dates
- Cash equivalent (CE/CETV) statement for each pension
- Pension benefit statements
- State Pension forecast and National Insurance record
- Any pension expert report
- Credit card and store card statements
- Loan, hire purchase and car finance agreements
- Overdraft details
- Money owed to you
- Council tax, utility or tax arrears letters
- Children's names, dates of birth and where each lives
- Child arrangements plan or draft consent order
- MIAM form from your mediator, or the MIAM section of Form C100
- Form C100 and any child arrangements order
- Cafcass letters (Cafcass Cymru in Wales)
- Child Maintenance Service calculation or agreement
- School, nursery and health information relevant to arrangements
- Records of childcare and school costs
- Calendar of nights each parent has the children
- Parenting & Communication Log
- Business accounts for the last 2 financial years
- Accountant's letter or formal valuation of any business
- Details of any directorships
- Buildings, contents, life and income protection policies
- Form E and its schedule of documents
- Form A (notice of application for a financial order)
- Draft consent order signed by both of you, plus 2 photocopies
- Form D81 statement of information
- Letters to and from the court (HMCTS)
- Letters between solicitors and mediators, and mediation records
- Legal aid certificate or Civil Legal Advice reference
Dates and deadlines to track
- Date of marriage
- Date of separation
- Divorce application issued
- Can apply for conditional order (20 wks)
- Conditional order made
- Can apply for final order (6 wks + 1 day)
- Final order made
- Next hearing (finances or children)
Always use the exact dates in your court or tribunal letters and orders.
How to section your binder
What this binder is for
Case Ready is a document organisation and preparation tool that helps you present your case materials clearly. This edition is designed with reference to divorce and separation in England and Wales, using GOV.UK, HMCTS and Advicenow guidance.
- Organise documents logically
- Keep materials in order
- Prepare for hearings and deadlines
What this binder is not
Case Ready:
- Does not provide legal advice
- Does not tell you what arguments to make
- Does not guarantee any outcome
If you need legal advice, speak to a family solicitor, Advicenow, Citizens Advice or, if you may qualify for legal aid, Civil Legal Advice.
How divorce works here
Since 6 April 2022 there is one ground for divorce: the marriage has broken down irretrievably. A statement from one or both of you is enough, with no fault or separation period, and it generally can't be contested.
- You must have been married for more than a year, and the marriage must be recognised in the UK.
- Apply jointly if you both agree and neither is at risk of domestic abuse. Otherwise one of you applies alone.
- The person applying is the applicant. In a sole application the other is the respondent and has 14 days to reply.
- Apply online or on paper. The court issues the application and sends you a notice of issue with your case number.
- Wait at least 20 weeks from the start of proceedings, then apply for the conditional order.
- Wait at least 6 weeks and 1 day after the conditional order, then apply for the final order, which ends the marriage.
- Apply for the final order within 12 months of the conditional order, or explain the delay.
A divorce normally takes at least 7 months. It does not settle money or property by itself. Money orders take effect only after the final order.
The money side
A divorce doesn't settle money or property by itself. You need a court-approved consent order or a financial order. An agreement made informally or in mediation isn't binding until the court approves it.
- Form E is the financial statement for a contested financial order. You both complete it and exchange it.
- It covers property, accounts held in the last 12 months, debts, business, pensions, income and your needs.
- You sign it with a statement of truth, so disclosure must be full and frank. Use the current form from GOV.UK.
- Court rules: file Form E and exchange it with the other side at least 35 days before the first appointment.
- If you agree: a signed draft consent order, Form D81 and Form A. A judge approves it if fair, usually without a hearing.
- Apply for a consent order after the conditional order and, ideally, before the final order.
- If you can't agree: Form A, Form E, first appointment (usually 12 to 14 weeks after applying), FDR, final hearing.
For a financial order you usually attend a MIAM first, unless an exemption applies. You don't need one for a consent order.
Pensions
Pensions built up in the marriage are generally part of the matrimonial pot, even if they are in one name. Full disclosure of every pension is required.
- The value starts with the cash equivalent (CE or CETV) for each pension. An annual statement is not enough.
- Request it from each provider with Form P (pension inquiry form). Keep a copy and note the date.
- One free CE per workplace pension per year. Providers can take around three months, and public sector schemes longer.
- Pension sharing transfers a percentage of a pension, and only after the final order.
- Offsetting: one of you keeps the pension and the other gets more of the other assets, in a court-approved consent order.
- Attachment is a share of payments once the pension is drawn. It is now rarely made.
- An expert is recommended for defined benefit and public sector pensions. Lawyers can't give financial advice.
MoneyHelper offers free pensions guidance. Under the old State Pension, someone on a lower basic pension may use their ex's NI record. Ideally apply within 3 months of the final order.
Children: arrangements and orders
Children's arrangements and money affect each other: where the children live shapes housing and maintenance. You can agree arrangements yourselves or ask the court to decide.
- A child arrangements plan is a written record of what you agree. It's optional and isn't legally binding.
- A consent order made by the court makes your agreed arrangements enforceable.
- A child arrangements order sets where the child lives, time with each parent and any other contact.
- A specific issue order decides one question, such as school choice.
- A prohibited steps order stops something happening, such as taking a child abroad.
- A Cafcass adviser (Cafcass Cymru in Wales) gathers information before the first hearing.
- You may be sent on Planning Together for Children (Working Together in Wales).
Court applications usually take around 10 months. Keep your plan, orders and school and health records together in Section G.
Children: mediation and maintenance
You usually attend a MIAM (mediation information and assessment meeting) before applying to court about children. Mediation itself is voluntary, and the mediator can decide it is unsuitable.
- The mediator signs a form confirming you attended. Attending without your ex-partner is still enough.
- Exemptions include domestic abuse evidence, child protection, urgency, or a recent MIAM or other dispute resolution.
- Since 29 April 2024 the court checks any claimed exemption and encourages non-court dispute resolution.
- An unjustified failure to attend a MIAM or try non-court dispute resolution can count in financial remedy costs.
- To apply, use Form C100, online or on paper (original plus 3 copies). It has its own MIAM section.
- A mediation voucher scheme may help with sessions for child disputes. Ask your mediator if it is still open.
- Keep any Child Maintenance Service calculation or agreement, and a record of what is paid and received.
Record handovers, changes of plan, messages and costs with dates in the Parenting & Communication Log.
Terms used in this organiser
- Applicant and respondent: who applies, and who replies. In a joint application you are Applicant 1 and Applicant 2.
- Conditional order and final order: before 6 April 2022 these were decree nisi and decree absolute.
- Form A applies for a financial order. Form E is the financial statement. Form D81 supports a consent order.
- Consent order: an agreement the court approves, so it is binding.
- CE or CETV: the cash equivalent (transfer value) of a pension, requested with Form P.
- MIAM: mediation information and assessment meeting. NCDR: non-court dispute resolution, such as mediation.
- FDR: the financial dispute resolution appointment in a contested financial case.
Wales uses the same law as England. Cafcass Cymru replaces Cafcass, and Welsh-language forms are available.
Who this is for
Anyone divorcing or separating in England or Wales who is sorting out money and children. It is general information, not legal advice. Scotland and Northern Ireland have different law, so use their editions.
- In an emergency, call 999. National Domestic Abuse Helpline (24 hours): 0808 2000 247.
- Civil Legal Advice: 0345 345 4345. Legal aid may cover mediation or abuse cases, not usually divorce.
- Wales: Live Fear Free helpline (24 hours): 0808 80 10 100.
- Men's Advice Line (domestic abuse), Monday to Friday, 10am to 5pm: 0808 801 0327.
- Free guides: Advicenow (Form E and pensions) and Citizens Advice.
- Resolution: find a family law professional or mediator.
If there is any risk of abuse, a joint application is not suitable, and MIAM exemptions exist for abuse evidence.
Hearings & practicalities
On the day of your hearing:
- Bring the copies you have been asked for
- Keep this binder with you
- Use it to find documents quickly
Judges, tribunal members and staff expect parties to be organised and to follow procedure.
Before your hearing
- Form E completed and ready to sign with a statement of truth
- Bank, savings and investment statements for the last 12 months
- Last 3 payslips and latest P60 for each employment
- Valuation of the family home (within 6 months) and mortgage statements
- CE/CETV requested for every pension with Form P, dates noted
- Draft consent order and Form D81 ready, if you have agreed
- MIAM attended, or exemption evidence to hand
- Child arrangements plan or draft order written down
- Child Maintenance Service details and payment records to hand
- Parenting & Communication Log up to date
Save time with Case Ready
Case Ready is a printable, fillable case binder for divorce and separation (England & Wales): front sheet, dividers, key dates sheet, evidence index and more, with your case details on every page. Type into it on screen or print it at home.
This binder is a general organisational aid. Procedure varies by court, tribunal and case type. You are responsible for following the rules, orders and directions that apply in your case. Nothing in this binder is legal advice.