For solicitors
A capacity figure you can put in front of the other side
Mortgage Capacity Opinion prepares impartial, reasoned reports on what each party could realistically borrow after separation. The work is done for the file: the assumptions are stated, the evidence is identified, the treatment of variable income and maintenance is explained, and the fee is fixed before anything starts.
Why instruct MCO
Six things that make the report easier to use
Joint instruction is the default offer, not an exception
The Financial Remedies Court expects borrowing-capacity material to be jointly obtained wherever the parties can agree it. We accept a joint letter of instruction, report on both parties consistently, and issue the draft to both firms at the same time.
A fixed fee that survives a costs cap
Two published fees, confirmed in writing before work begins, with nothing added for turnaround. Where the court is asked to limit the cost of expert evidence, we will confirm our fee, scope and availability in writing for the application.
Draft first, so corrections happen before disclosure
You see a draft before the report is finalised. Factual errors, misread evidence and misunderstood instructions get fixed at the point where fixing them costs nothing. Two amendments within seven days are included.
Speed is the service, not an upsell
A draft within 3 working days of receiving everything we need to complete the assessment — on every instruction, at no extra cost. Nobody in this market should be charging you more to be given the report in time for the hearing.
Reasoning you can test
Every figure carries its assumptions, the evidence relied on and the affordability approach applied. Where lenders differ materially — on maintenance, bonus, commission, dependants or term — the report explains the variation rather than hiding it behind a single number.
A nil finding is a finding
We do not sell a cheaper report for cases where the answer is expected to be nil — whether a party can borrow is the conclusion of the assessment, not something decided before it. A negative finding gets the same analysis, because it is the one most likely to be challenged.
Procedure
Which report you need, and when
In the ordinary financial remedy case, borrowing capacity is dealt with as part of the First Appointment material rather than as expert evidence. The Financial Remedies Court expects the parties to file brief indicative material as to their respective borrowing capacities ahead of the hearing, and expects that material to be jointly obtained where possible. Where it cannot be obtained jointly, the parties obtain it individually and should be able to explain to the court why joint instruction was not possible.
That is what the standard and joint reports are built for. They are not being adduced as expert evidence, so the permission requirement under FPR 25.4 is not engaged.
Where the court gives permission for expert evidence on borrowing capacity — most often on a single joint expert appointment under FPR 25.11 — a different document is needed, and we prepare it to Practice Direction 25B.
When to obtain the report in the timeline and joint instruction and single joint experts set this out in more detail.
Not legal advice
Whether permission is required, and what the court will expect in a particular case, is a matter for you and the court. Nothing on this website is legal advice.Report types and fees
Standard report
£295One party. The report most financial remedy cases need before the First Appointment.
Draft within 3 working days of receiving everything we need
Joint report
£495Both parties, assessed consistently within one instruction and one report. The Financial Remedies Court expects borrowing-capacity material to be obtained jointly wherever possible.
Draft within 3 working days of receiving everything we need
Part 25 / single joint expert
Discuss the instructionWhere the court has given permission for expert evidence on borrowing capacity, or where we are proposed as a single joint expert.
Timetable agreed with the court's directions
Firm accounts
Account terms may be available to law firms by arrangement, so that instructions are invoiced rather than paid in advance. Mention it when you first instruct and we will discuss what suits your firm.
Instructing
What we need from you
The instruction
- Your firm, the fee earner, and your reference
- Whether you act for one party or instruct jointly
- The letter of instruction, if there is one
- The questions you want the report to answer
- Any hearing date the report has to meet
The party's position
- Income evidence — payslips and P60, or accounts and tax calculations
- Three months' bank statements
- Credit commitments and any adverse credit
- Dependants, childcare, and maintenance paid or received
- Deposit or equity available, and the intended property
- Date of birth and intended retirement age
Written confirmation of fee, scope and delivery date before any work begins. Draft within 3 working days of receiving everything we need to complete the assessment.
Instruct a report