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Protea Financial Services

2 New Court Farm Cottages, Alfriston Road, Polegate

BN26 5QP

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+44 333 3556295 (local call rate)+44 333 3556295 (local call rate)



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Mortgage Capacity Reports

Mortgage Capacity Reports can be extremely useful in family Court proceedings, as they can often have a direct impact on any settlement ordered.


As Court Experts, we are bound by the duties as set out in Part 25 of the Family Procedure Rules, and we regularly provide reports for family law practitioners and in some cases we provide these directly to clients.


When solicitors are uncertain about what the client/s' situation is likely to be then our research can determine what the most likely mortgage borrowing will be based upon a number of different scenarios. This is especially appropriate when finances are being disputed.


Examples can include agreements about how debts are to be split, maintenance, or when the divorcing parties are finding it difficult to decide whether to pursue other matrimonial assets. Understanding how these decisions could affect mortgage capacity can help these negotiations. Ensuring the client is fully aware of how financial decisions made now may affect their ability to obtain a mortgage in the future should be vital to all divorce negotiations.


Narrative and confirmation of clients’ most likely maximum mortgage borrowing ability and more importantly, the amount of mortgage they can actually afford to maintain are included in the assessment report.


Details of any relevant mortgage criteria and general costs of any potential mortgage will also be included. As Independent Mortgage Brokers, a range of mortgage providers are contacted to ensure that our reports are based on accurate, current and plausible results.


The results of our reports, including narrative about any anomalies in the figures, means that clients and their solicitors have realistic, useable mortgage borrowing information that can be used effectively and with confidence at Court.


Our typical costs for mortgage capacity assessment are £250 for a single report, or £500 for a joint report. For additional scenarios, we will charge £50 per scenario. Where it is obvious that an individual has no mortgage capacity, for example where there is adverse credit, we charge £150 to produce a court-compliant report that will reflect this. We do not charge VAT.


If you would like to see a sample of an anonymised report, or if you would like to consider instructing us, please click here, and we would be delighted to help. As a Resolution member, we are strongly in favour of collaborative law.


Mortgage Capacity Reports are not regulated by the Financial Conduct Authority.


Court Experts are subject to the Court system and as such need to comply with their duties as experts as set out in Part 25 of the Family Procedure Rules.



The Financial Conduct Authority do not regulate certain types of Buy To Let / Commercial Mortgages.

All loans are subject to a credit search, valuation and in some cases status enquiries by the lender.

A Protection plan will have no cash in value at any time, and will cease at the end of the term.

If premiums are not maintained, then cover will lapse and you may not be covered if a claim is made.

The information contained in this website is subject to UK regulatory regime and is therefore restricted to consumers based in the UK.

Information contained on the website does not constitute advice and decisions should not be made based solely on the information on the website. Individual advice should be sought.

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Protea Financial Services (South East) Limited is authorised and regulated by the Financial Conduct Authority, Registration number 954035, in respect of mortgage and insurance mediation activities only. Details of which can be found by visiting www.fca.gov.uk. Protea Financial Services (South East) Limited is registered in England and Wales, company number 09393797. © Jacques Pienaar.