Divorce Financial Settlement Solicitors
The issues which arise on divorce can often seem overwhelming, especially in complex, high value, or international cases. We are a leading team of family lawyers, who have extensive experience in providing clients with effective, clear, and pragmatic solutions and dealing with the financial consequences of divorce.
Even if you and your spouse have agreed how to divide your assets, you should still take advice from a specialist family lawyer about how best to record your agreement to ensure that it is legally binding and enforceable. Even if you are divorced, your ex-spouse may still be able to bring a financial claim against you, unless there is a court order dismissing those financial claims.
When dealing with financial issues, our starting point is effective negotiation – resolving differences practically and efficiently in a child-centred manner. We also advise on the alternatives to court proceedings, including arbitration, mediation, and collaborative law.
The family courts have a wide discretion when dealing with finances on divorce and can make a number of orders in relation to the capital, pension and income. Even if you and your partner agree a package of financial terms, outside of court proceedings, the court must consider what is “fair” in all the circumstances of the case. In some cases, fairness will lead to the equal division of the family assets.
Expert advice may be necessary in relation to assets which were acquired prior to the marriage, such as inherited wealth, pension, family businesses, and trusts. Expert advice is also necessary in relation to the duration and quantum of spousal maintenance, for which there is no formula or percentage-based approach.
What is a consent order?
If you and your spouse have agreed the terms of 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. The judge will consider your financial and personal circumstances, and the agreement you have reached, and determine whether it is fair. If so, then the order will be approved. Once a Judge has approved the terms of a consent order and you have received your final order of divorce, the terms of the order become legally binding and enforceable.
Do I have to go to court to sort the finances out?
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 courtroom. We always advise that any such agreement is recorded in a consent order and approved by the court so that it become legally binding.
We appreciate that distributing financial assets on divorce is not a “one size fits all” approach. Sometimes court proceedings will be necessary, but when dealing with financial issues our starting point is effective negotiation – resolving differences practically and efficiently in a child-centred manner. We also advise on the alternatives to court proceedings, including arbitration, mediation, and collaborative law.
What is the process of settling matrimonial finances?
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.
I think my spouse/civil partner has hidden assets from me. How do I get to the bottom of it?
We are experienced in complex family law litigation and have significant expertise in dealing with cases involving complex pensions, businesses, and high value family or business assets.
You may be worried that your spouse has not disclosed, or will not disclose, all assets or will try to undervalue or dissipate them to frustrate your financial claims. If necessary, we can apply to the court to reverse such transactions and obtain freezing and disclosure orders, ensuring your spouse makes a truthful and honest presentations of their financial circumstances.
Contact Us
Request a video call or phone call with a member of the family team...
Family Law Specialists
- All departments
- Agricultural Law
- Brexit
- Careers
- Co Co - Employee Share Schemes
- Co Co - Recovery & Insolvency
- Co Co - Restructuring
- Co Co Corporate Governance
- Co Co Corporate lending
- Co Co Financial Services
- Co Co Franchising
- Co Co GDPR
- Co Co in-house legal support
- Co Co International Contracts
- Co Co M&A's
- Co Co MBOs & MBIs
- Co Co Partnership and LLPs
- Co Co Regulatory, Compliance & Competition
- Co Co Shareholders Agreements
- Co Co Terms and Conditions
- Co Co- Intellectual Property
- CoCo - Banking and Finance
- CoCo - New Businsess
- CoCo Competition Law
- CoCo Consumer Law
- CoCo Data Protection - Marketing
- CoCo Data, IT & Technology
- Commercial Law
- Commercial Property
- Construction
- Corporate & Commercial
- Corporate Law
- Debt Recovery
- Dispute Resolution
- Disputes - Business
- Disputes - Declarations of trust
- Disputes - Probate and inheritance
- Disputes - Professional negligence
- Disputes - Restrictive Covenants
- Disputes - Shareholders & Partnership
- Disputes - Tenants in Residential Property
- Disputes - Wills, trusts & probate disputes
- Disputes and Small Claims
- Disputes Construction
- Disputes with Co-owners
- Divorce
- Employee - Termination
- Employer - Termination
- Employment
- Employment - Business protection
- Employment - Collective consultations
- Employment - Contracts, services, consultancy
- Employment - Employee benefits
- Employment - Employee Procedures
- Employment - Equality, discrimination and harassment
- Employment - Family Friendly Rights
- Employment - GDPR and Data Protection
- Employment - Post employment obligations
- Employment - Redundancy & Reorganisation
- Employment - Settlement Agreements
- Employment - Tribunal Claims
- Employment - TUPE
- Employment - Wages, holiday and sick pay
- Employment - Workers rights
- Employment Tribunal claims
- Estate Administration
- Expat Legal Services
- Family Law
- Financial Services
- GDPR
- Help to Buy
- Immigration law
- International Legal Services
- Key Property Contacts
- Land and Property Disputes
- Land, development and construction
- Lasting Powers of Attorney
- Leasehold
- Licensing Law
- Money, Tax and Inheritance
- New Build Conveyancing
- Private Wealth and Inheritance
- Professional Negligence
- Property Finance
- Property Law
- Residential Property
- Residential Property - Completions
- Residential Property - Shared Ownership
- Trainee Solicitor
- Wills, Trusts & Probate
Latest News & Insights
Are pre-nuptial agreements unromantic?
People often wonder why they should consider entering into a pre-nuptial agreement ahead of their...
False Domestic Abuse Allegations – what do I do?
If you have been served with court papers notifying you that your partner has applied for an...
Minimum Legal Age of Marriage
There has been a lot of media coverage recently, regarding the government's pledge to raise the...
Award winning legal advice
Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2023’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.








Email: info@herrington-carmichael.com
Farnborough
Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR
Reading (Appointment only)
The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA
Ascot (Appointment only)
102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY
London (Appointment only)
60 St Martins Lane, Covent Garden, London WC2N 4JS
Privacy Policy | Legal Notices, T&Cs, Complaints Resolution | Cookies | Client Feedback | Diversity Data
Our Services
Corporate Lawyers
Commercial Lawyers
Commercial Property Lawyers
Conveyancing Solicitors
Dispute Resolution Lawyers
Divorce & Family Lawyers
Employment Lawyers
Immigration Law Services
Private Wealth & Inheritance Lawyers
Startups & New Business Lawyers
Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.
© 2023 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.
Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.