Divorce law: Section 25 Statement

Financial dispute resolution

The family team at Herrington Carmichael is experienced in dealing with all matters in relation to financial dispute resolution following the breakdown of a marriage. We pride ourselves on being highly approachable, sensitive, and supportive during what can be a difficult and emotional time.

We can assist you with the process of agreeing a financial settlement with your spouse but if an agreement cannot be reached, we can guide you through the court process and represent you at a final hearing when a Judge will determine an outcome for you. The process will usually require both parties to file and serve a written statement, called a Section 25 Statement, detailing all those matters to which the Judge must have regard in making his or her decision.

Process of applying for a Financial Order

If a court application is made for a Financial Order, the court will give the parties a list of things to do. They will usually have to attend at least 2 court hearings to present and discuss with each other and the Judge their financial and other circumstances. After the second hearing, if an agreement cannot be reached, the Judge will commonly list the matter for a final hearing (“Trial”) and order the parties to file and serve a Section 25 Statement. This is a hugely important document and we will assist you in preparing it with the care and attention required to provide the Judge with all the key information required (when read in conjunction with that filed by your spouse and considered alongside your oral evidence) to make a final financial order.

What is a Section 25 Statement?

The law is written both in statute and case law. A statute is an Act of Parliament. Case law is essentially law that has been made by Judges in Court at final hearings and is effectively a written report of their decision. The statute applicable to divorce and financial matters is called The Matrimonial causes Act 1973. Section 25 of that statute details all the factors a court must take into consideration when deciding a financial outcome on divorce:

  1. the income, earning capacity, property and other financial resources which each party has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the Court be reasonable to expect either party to take steps to acquire
  2. the parties’ respective financial needs, obligations and responsibilities now and in the foreseeable future
  3. the standard of living the parties’ have enjoyed
  4. the parties’ respective ages and the duration of the marriage
  5. any physical or mental disability of either party
  6. the contributions which each party has made or is likely to make in the foreseeable future
  7. the conduct of each party, if that conduct is such that it would be in the opinion of the Court be inequitable to disregard

Free 15-minute consultation

Request a video call or phone call with a member of the family team...

    Divorce & Family Law Team

    • All departments
    • Agricultural Law
    • Brexit
    • Careers
    • Co Co - Employee Share Schemes
    • Co Co - Recovery & Insolvency
    • Co Co - Restructuring
    • Co Co Corporate Governance
    • Co Co Corporate lending
    • Co Co Financial Services
    • Co Co Franchising
    • Co Co GDPR
    • Co Co in-house legal support
    • Co Co International Contracts
    • Co Co M&A's
    • Co Co MBOs & MBIs
    • Co Co Partnership and LLPs
    • Co Co Regulatory, Compliance & Competition
    • Co Co Shareholders Agreements
    • Co Co Terms and Conditions
    • Co Co- Intellectual Property
    • CoCo - Banking and Finance
    • CoCo - New Businsess
    • CoCo Competition Law
    • CoCo Consumer Law
    • CoCo Data Protection - Marketing
    • CoCo Data, IT & Technology
    • Commercial Law
    • Commercial Property
    • Construction
    • Corporate & Commercial
    • Corporate Law
    • Debt Recovery
    • Dispute Resolution
    • Disputes - Business
    • Disputes - Declarations of trust
    • Disputes - Probate and inheritance
    • Disputes - Professional negligence
    • Disputes - Restrictive Covenants
    • Disputes - Shareholders & Partnership
    • Disputes - Tenants in Residential Property
    • Disputes - Wills, trusts & probate disputes
    • Disputes and Small Claims
    • Disputes Construction
    • Disputes with Co-owners
    • Divorce
    • Employee - Termination
    • Employer - Termination
    • Employment
    • Employment - Business protection
    • Employment - Collective consultations
    • Employment - Contracts, services, consultancy
    • Employment - Employee benefits
    • Employment - Employee Procedures
    • Employment - Equality, discrimination and harassment
    • Employment - Family Friendly Rights
    • Employment - GDPR and Data Protection
    • Employment - Post employment obligations
    • Employment - Redundancy & Reorganisation
    • Employment - Settlement Agreements
    • Employment - Tribunal Claims
    • Employment - TUPE
    • Employment - Wages, holiday and sick pay
    • Employment - Workers rights
    • Employment Tribunal claims
    • Estate Administration
    • Expat Legal Services
    • Family Law
    • Financial Services
    • GDPR
    • Help to Buy
    • Immigration law
    • International Legal Services
    • Key Property Contacts
    • Land and Property Disputes
    • Land, development and construction
    • Lasting Powers of Attorney
    • Leasehold
    • Licensing Law
    • Money, Tax and Inheritance
    • New Build Conveyancing
    • Private Wealth and Inheritance
    • Professional Negligence
    • Property Finance
    • Property Law
    • Residential Property
    • Residential Property - Completions
    • Residential Property - Shared Ownership
    • Trainee Solicitor
    • Wills, Trusts & Probate

    Herrington Carmichael has been advising families and businesses for over 175 years. We provide an increasingly specialist legal practice – we offer a wide range of services, beyond that of a traditional private client firm to meet the demands of our UK and international clients.

    Related Articles

    Divorce – why more people are choosing private judging

    Divorce is never going to be an enjoyable process, but with long waiting times, few waiting rooms and little privacy, it’s no wonder that

    Divorce – don’t forget about your pensions!

    It can be easy to think that a relationship breakdown will be easier to negotiate, once the world of work (and the ensuing, more complicated,

    Is it possible to make a business ‘divorce-proof’?

    Going through a divorce is rarely easy. For many business owners, work is a reliable ‘constant’ that brings stability away from the challenges of your divorce

    Are you a ‘silver splitter’? Thinking of marrying or divorcing later in life?

    For a number of years The Office for National Statistics has been telling us that divorce rates amongst the over 60s (the silver splitters) is on the increase.

    International holidays post separation

    With the summer holidays fast approaching and thoughts turning to sandy beaches and trips away, taking your child on international holidays

    What happens to my children when I die?

    This is probably a question we all ask, but for most of us whose children have grown-up and may have their own families it is not normally a question of great concern. 

    The Real Game of Life

    The era of the nuclear family is passed. And that’s OK…

    Can I still petition for divorce in England?

    It has been estimated in reports from the United Nations that approximately 1.3 million people from the UK have moved to live in other countries within the EU.

    To blame or not to blame…

    The September 2017 issue of our newsletter included an article tackling the topic of ‘no-fault’ divorces following the Court of Appeal’s decision in the case Owens v Owens.

    Unmarried Couples Entitlements and Cohabitation Agreements

    The number of cohabitating families has increased by almost 30% in the last decade, which has led to a rise in complex legal disputes after a break-up.

    Latest news & insights

    Award winning legal advice

    We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2023 by Legal 500 and Alistair McArthur is ranked in Chambers 2022.

    Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey  GU15 3YL
    +44 (0)1276 686 222

    Reading (Appointment only)
    The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA
    +44 (0)1276 686 222

    Ascot (Appointment only)
    102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY
    +44 (0)1344 623388

    London (Appointment only)
    60 St Martins Lane, Covent Garden, London WC2N 4JS
    +44 (0)203 326 0317

    Wokingham (Appointment only)
    The Workstation Wokingham, Markham House, 20 Broad Street, Wokingham, RG40 1AH

    +44 (0)118 977 4045

    Email: info@herrington-carmichael.com

    Our Services

    Corporate Lawyers
    Commercial Lawyers
    Commercial Property Lawyers
    Conveyancing Solicitors
    Dispute Resolution Lawyers
    Divorce & Family Lawyers
    Employment Lawyers
    Immigration Law Services
    Private Wealth & Inheritance Lawyers
    Startups & New Business Lawyers

    © 2022 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.

    Pay Online

    Privacy Policy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies 
    Client Feedback   |  Diversity Data