Divorce Financial Settlement Solicitors

If you and your ex-spouse/civil partner have agreed the terms of your financial settlement, you should have it recorded in a consent order. A consent order is a document which formally records the terms of your agreement which is then sent to the court for a Judge to approve it. Once a Judge has approved the terms of a consent order, it becomes legally binding and enforceable on you and your ex-spouse/civil partner.

At the meeting we will run through your assets and explain to you what further financial disclosure you might need to be able to make an informed decision about settlement. For example, this might include property valuations where a property value is in dispute; an independent accountancy report if there are business assets which are disputed or a pension sharing report to understand the pensions and how they might be divided between you. We will also explain what factors the court will take into consideration if the court was being asked to make a decision and the various orders that can be made.

We will also run through the various options available to you and your spouse/civil partner to reach a financial settlement. Insofar as possible, we will work with you to negotiate a financial settlement with your spouse or their solicitor without the need to attend court. We take a pragmatic, realistic and commercial approach to settlement for all of our clients. Where court proceedings become necessary, however, our team are able to advise effectively on the strategy to ensure a fair outcome for you. We can also discuss with you alternative options to dispute resolution.

Not necessarily. You can use any alternative means of dispute resolution to come to an agreement which means you can reach a settlement without having to step inside a court. We always advise that any such agreement is recorded in a consent order and lodged at court so that it become legally binding.

At Herrington Carmichael, it isn’t a “one size fits all” and we will listen to you and give advice on the dispute resolution option most suitable to you. Sometimes that might be issuing court proceedings but even then, the process is walk and talk and if you reach an agreement after proceedings are issued, you can have the agreement recorded in a consent order and ask the Judge to approve it.

The starting point should be to see if your spouse will agree to exchange full financial disclosure. Full financial disclosure involves you both providing a detailed breakdown of all your assets, liabilities and your monthly outgoings. This will need to be backed up with evidence including bank statements. It can be very difficult to hide money away and the team a Herrington Carmichael are experienced in analysing disclosure and asking the right questions.