An independent expert instructed jointly by two or more parties (rather than each party instructing their own expert) to give expert evidence on a particular issue. Under Part 25 of the Family Procedure Rules, the court can direct that expert evidence be given by a single joint expert — and often does, because it's cheaper and avoids a 'battle of experts'. The parties must agree the letter of instruction (or the court settles it) and are jointly and severally liable for the expert's fees. A single joint expert can be any qualified professional the court needs — common examples include a property valuer, business valuer, forensic accountant, or PODE (Pension on Divorce Expert) in financial remedy cases, and a psychologist, child psychiatrist, or social worker in children proceedings. The expert's duty is to the court, not to whichever party pays them.
In Plain English
One independent professional, like an accountant or valuer, who works for both sides at the same time to give the court a neutral opinion. This saves money and stops both sides from arguing over different sets of numbers.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #84
The assumption
The other party has provided a much lower property valuation than mine. The court will see through it.
The reality
The court does not typically favor one valuation over another. In cases of significant disparity, courts may typically order a single joint expert — whose valuation often carries the most weight. Each party can provide their valuation evidence; however, a major difference must often be explained, focusing on the evidence and methodology behind each figure.
Gap #197
The assumption
If we can't agree on how to split pensions, do we both have to agree to instruct a PODE?
The reality
A PODE (Pension On Divorce Expert) is usually instructed as a single joint expert. If parties cannot agree, the court can direct that one be instructed anyway — you do not both have to consent. The court can order expert evidence where needed to ensure pensions are valued fairly. (FPR Part 25)
Gap #450
The assumption
My own accountant's report carries the same weight as the single joint expert.
The reality
An expert who started as part of one side's team risks being influenced by that side, even without meaning to be. In LE v EL the judge preferred the single joint expert, partly because the other expert had relied on figures supplied through the husband that were not disclosed until shortly before the hearing.
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A McKenzie Friend can help you understand terms like these in the context of your case.
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