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.  

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