fbpx

Divorce Financial Settlement Solicitors

Our divorce financial settlement solicitors understand that following a decision to divorce, you may suddenly feel financially insecure and left not knowing where you stand once the decision has been made to go your separate ways. What will happen to the family home? How will I be able to afford to meet the household bills on my own? I gave up my career to support my spouse – can I be compensated? How do we decide what is fair and how do we make sure it is binding?

Our divorce financial settlement solicitors are experts in the field of matrimonial finances and are able to provide you with the advice and the support you need to understand your financial position and what your options are in terms of progressing towards an agreement and the terms of a settlement itself.

Even if you and your spouse have agreed how to divide your assets, you should still take advice from divorce financial settlement solicitors about recording the agreement as a court order. Even if you are divorced, your ex-spouse/civil partner can still bring a financial claim unless there is a court order dismissing those claims.

The family courts have a wide discretion to deal with the finances on a divorce and can make a number of orders in relation to the capital, any pension provisions and maintenance. It is important that you seek out advice  from divorce financial settlement solicitors at an early stage to understand what your options are.

Taking advice early on help can help put your mind at ease as you will be able to ask any questions that you may have and feel better informed about the process.

We offer an initial consultation to discuss your case with one of our divorce financial settlement solicitors – Free 15 minutes. A meeting can be arranged in any of our London, Camberley or Wokingham offices. We do not offer legal aid.

What is a financial settlement?

Even if you and your ex-spouse/civil partner are divorced, the divorce will not end your financial relationship. This is why it is important to have a financial settlement which is recorded in a court order which will make any financial settlement legally binding on you both and will also dismiss any future claims by virtue of the marriage.

What is a consent order?

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.

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.

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 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.

I think my spouse/civil partner has hidden assets from me. How do I get to the bottom of 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.

Free 15-minute consultation

Request a video call or phone call with a member of the family team...


    Good Divorce Week 2022 at a time of delay and backlogs

    The leading organisation for family solicitors, Resolution, has nominated 28th November to 2nd December 2022 as this year’s Good Divorce Week.

    I don’t own the home I share with my married partner, can they make me leave?

    Whether or not you are still living at the property, we are likely to advise you to file a Matrimonial Home Rights Notice at the Land registry…

    Why do I need a solicitor for my divorce?

    We always encourage our clients to seek a financial settlement on divorce, and to have the settlement made into a binding and enforceable Court Order.

    Can I spend my savings or assets before I Divorce?

    If you were thinking of spending your savings before divorce, it is worth nothing that the court can ‘un-do’ wrongful transactions.

    Are pre-nuptial agreements unromantic?

    Some believe entering into a pre-nuptial agreements before marriage kills the romance. There are advantages to pre-nups specifically for South Asian couples.

    What will happen to my pension on divorce?

    It is important to seek clear advice on what can be done with your pensions on divorce and what each option means.

    Family Law: How will Brexit affect financial provision on divorce

    Securing a financial settlement on divorce is often a top priority for divorcing couples.

    I do, do I?! Would you consider a Pre-nuptial Agreement?

    Now that the government have officially announced that wedding receptions can take place once again, albeit with a maximum of 30 attendees…

    How do I divorce proof my business?

    Dealing with business assets on divorce can be costly, stressful and in some circumstances, force a business to break up.

    COVID-19 and your finances on divorce

    If you commenced divorce and financial proceedings in the weeks and months before the COVID-19 pandemic swept through our…

    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

    Award winning legal advice

    We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2023 by Legal 500 and Alistair McArthur is ranked in Chambers 2022.

    Camberley
    Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey  GU15 3YL
    +44 (0)1276 686 222

    Reading (Appointment only)
    The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA
    +44 (0)1276 686 222

    Ascot (Appointment only)
    102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY
    +44 (0)1344 623388

    London (Appointment only)
    60 St Martins Lane, Covent Garden, London WC2N 4JS
    +44 (0)203 326 0317

    Wokingham (Appointment only)
    The Workstation Wokingham, Markham House, 20 Broad Street, Wokingham, RG40 1AH

    +44 (0)118 977 4045

    Email: info@herrington-carmichael.com

    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

    © 2022 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.

    Pay Online

    Privacy Policy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies 
    Client Feedback   |  Diversity Data