Section 25 Statement: What Goes In and What Stays Out

Part of: Financial Settlement after Divorce

A section 25 statement is the witness statement you file before the final hearing of a contested financial case after divorce. In it you give the judge the facts behind the matters the court must weigh under section 25 of the Matrimonial Causes Act 1973. Those include your needs, your income and earning capacity, what each of you contributed and, first of all, the welfare of any children. The judge orders it, sets the date and reads it before the hearing. It then stands as your evidence. This guide covers when the court orders one, what goes in it and what to leave out, and how it differs from Form E. It forms part of our guide to financial settlement after divorce and covers the law in England and Wales.

Been ordered to file one, or expect to be soon? You can book a free initial consultation for initial advice before you start writing.

What is a section 25 statement?

It is your written evidence for the final hearing of a financial remedy application. Section 25 tells the court what to consider when it decides how to divide money, property and pensions (Matrimonial Causes Act 1973, s.25). The welfare of any child of the family under 18 comes first. The court then looks at matters such as each spouse’s income, earning capacity, needs, age, health and contributions, and the length of the marriage. Our guide to the Matrimonial Causes Act 1973 sets out every factor.

Your statement gives the facts behind those factors. By this stage Form E has already given the court your figures. The judge now needs to know why your housing need is what you say it is, what limits your earnings, or what you gave up for the family. Lawyers often shorten the name to an s25 statement.

At the final hearing your statement stands as your evidence in chief unless the court directs otherwise (FPR r.22.6(2)). The judge reads it in advance, and the other side’s questions will often start from what it says. You can only add to it at the hearing with the court’s permission, for example to deal with something new that has happened since you filed it (r.22.6(3)).

When does the court order one?

The court decides whether you need a statement and when it is due. At the first appointment, the judge must give directions, where appropriate, about the evidence each of you will rely on (FPR r.9.15(3)(c)). The next step is normally a financial dispute resolution (FDR) appointment, which is aimed at settlement (r.9.15(4)). If the case does not settle there, the judge gives directions for the final hearing. Statements for that hearing are ordered then, with a date for each of you to file and exchange yours.

Each date can be changed by the court, so the order you were given is the one that counts. Our guide to Forms H and H1 covers the costs statements.

Section 25 statement or financial statement: what is the difference?

Form E, the financial statement, gives the court your numbers, while the witness statement explains them. Form E is in a set form, verified by a statement of truth and exchanged with its documents before the first appointment (r.9.14). It asks only for brief details of the wider picture. Its boxes cover the standard of living (4.2), contributions (4.3), conduct (4.4) and other circumstances such as earning capacity or health (4.5). Our guide to Form E walks through the form.

Both are signed with a statement of truth. Do not copy Form E into your statement. Refer to it, and spend your pages on what the form had no room for.

What does section 25 of the Matrimonial Causes Act 1973 say?

Section 25 tells the court to look at all the circumstances of the case, giving first consideration to the welfare of any child of the family under 18 (s.25(1)). For orders between you and your spouse, s.25(2) adds eight matters the court must weigh in particular. In plain English:

• (a) the income, earning capacity, property and other financial resources each of you has or is likely to have in the foreseeable future, including any increase in earning capacity the court thinks it reasonable for you to take steps to gain
• (b) the financial needs, obligations and responsibilities each of you has or is likely to have in the foreseeable future
• (c) the standard of living the family had before the marriage broke down
• (d) each of your ages, and how long the marriage lasted
• (e) any physical or mental disability either of you has
• (f) what each of you has given, or is likely to give, to the welfare of the family, including looking after the home or caring for the family
• (g) the conduct of each of you, but only where it would be inequitable for the court to disregard it
• (h) in a divorce or nullity case, the value of any benefit either of you will lose the chance of getting because the marriage is ending

Apart from the children’s welfare, the section puts the eight matters in no order of importance, so their weight depends on the facts of your case. Orders for a child have their own list in s.25(3): the child’s needs, resources, any disability and education or training, plus matters (a), (b), (c) and (e). Our guide to the Matrimonial Causes Act 1973 covers the financial orders these factors decide.

What goes in a section 25 statement?

Begin with your full name and address. Then set out your evidence in numbered paragraphs, in your own words and in the first person, with dates and figures written as numbers (Practice Direction 22A). Our guide to witness statements in family court covers the general format. In a financial case the content follows the issues still in dispute, which usually means some of these:

• your needs, now and in the foreseeable future, starting with housing for you and any children (s.25(2)(b))
• your income and earning capacity, and what limits it (s.25(2)(a))
• contributions to the welfare of the family, including looking after the home or caring for the family (s.25(2)(f))
• any physical or mental disability, and its effect on your needs or earnings (s.25(2)(e))
• where the children will live and what they need, since their welfare comes first (s.25(1))

Say where each piece of information comes from, such as an estate agent’s valuation or a pension statement (PD 22A para 4.3(b)). Evidence about your future needs is information and belief, so its source matters. Conduct belongs in the statement only in the rare case where it would be inequitable to disregard it (s.25(2)(g)). Our guide to the section 25 conduct argument explains that threshold.

The statement ends with a statement of truth in the words Practice Direction 22A sets out. Proceedings for contempt of court can be brought against anyone who makes a false statement in it without an honest belief in its truth (FPR r.17.6).

What to leave out, and how long it can be

The court’s guidance is as specific about what stays out as about what goes in. A statement may contain only evidence. It must not quote documents at length, argue the case, take the judge through the documents, give your opinions or use rhetoric (Financial Remedies Guide 2026, para 80). Argument belongs in the position statement, which for a final hearing is limited to 15 pages and cannot introduce new evidence (PD 27A para 6.12). So any fact the judge needs has to be in your statement.

Aim for 15 pages or fewer, excluding exhibits. The guidance recommends that length, and treats the 25-page limit in Practice Direction 27A as the maximum (para 8.1). Exhibit only the key documents, because the whole bundle is capped at 350 pages. Bank statements, correspondence and text or WhatsApp messages stay out of the bundle unless the court directs otherwise (PD 27A para 5.2).

Plan your section 25 statement

Three answers decide where your pages should go. Choose yours to see what to put first, what to cut, and the decision to take to a specialist before you file.

Section 25 statement: frequently asked questions

General information about the law in England and Wales, not advice on your circumstances.