Divorce Settlement Solicitors
“Amazing service from start to finish. Jennifer was brilliant, always kept me up to date with things I needed to know. Went above and beyond to help.”
Family Solicitors for Divorce Settlements
Our Divorce Settlement Solicitors can help separated spouses with the financial aspects of their divorce. We understand that there is a lot to process and establishing your shared finances and assets can feel overwhelming. One of the biggest concerns after separation is where you will live and who will get what, which is why we treat each case individually. We take the time to learn how your matrimonial finances formed during your marriage and any time prior to when you lived together.
We will aim to secure your future after divorce by achieving a satisfactory financial settlement, a legally binding decision on how assets and liabilities are divided when your marriage ends. These often include:
- Property
- Bank accounts and savings
- Pensions
- Business
- Shares
- Assets abroad
- Liabilities (debts, mortgage)
- Child maintenance
Once you have established your assets and liabilities, you will need to look for an expert to defend your interests. With 30 years of experience in family law, you can trust our Financial Settlement Solicitors to ensure that you get the best possible outcome. There is a lot at stake with matrimonial finances, which is why your Family Lawyer will offer a dedicated service throughout the procedure and ensure that you are in the know at every turn.
How we Settle Matrimonial Finances
There’s more to settling finances than just the assets themselves. Section 25 of the Matrimonial Causes Act 1973 sets provisions in how the Courts will decide on dividing assets and liabilities. The outcome will always depend on the factors brought into play by individual circumstances, these typically involve:
- 1)The income, assets, and other wealth which each party has or may have in the future
- 2)Financial needs, obligations, and responsibilities each part has or may have in the future
- 3)The quality of life enjoyed living in the family before the breakdown
- 4)The age of each party and the length of marriage
- 5)Any disabilities of either party
- 6)Contributions to family life and finances by each of the parties
- 7)Certain exceptional bad behaviour
With all this, and your personal circumstances considered, we will be able to establish your stance and likely outcome. What’s even better is that you don’t necessarily need to go to Court to reach a settlement agreement. You may be advised to take mediation with your spouse, to see if you can come to an agreement there. We will always advise you on whether mediation is appropriate to your circumstances. Alternatively, our Financial Settlement Solicitors are expert negotiators, and often achieve an attractive settlement just from dealing with your spouses Solicitor.
Of course, you can come to an agreement yourselves, and without the need of a Family Solicitor, but you must ensure that your Consent Order protects your interest for the future, as without such protection can still allow your spouse to claim your finances later on.
In addition to the advice from our Divorce Settlement Solicitors, you may also find the following websites useful:
FAQ’s
What is a fair settlement?
The Court will always divide matrimonial assets and liabilities equally and fairly. But equally doesn’t necessarily mean half and half. With that said, the Judge will normally start dividing matrimonial finances 50/50, and from there they will make decisions based on the circumstances of both you and your spouse.
The scale of the award is usually based on:
- Any difference in income from either party and the needs of either party to pay for housing and other essentials
- Which party has the primary care of any children and are responsible for their day-to-day care
- The detriment of forming the family to either party, which otherwise would have resulted in career and future earnings
- Length of the marriage
Of course, there are more complicated factors that may apply to your case depending on the circumstances. Our Financial Settlement Solicitors will draft an estimated settlement in which you can both aim for.
How can my ex-partner claim my finances in the future?
Without a Clean Break Order, your financial obligations to each other will continue indefinitely, and despite your Decree Absolute or Final Divorce Order being issued, the other party can still pursue your finances later on.
It’s especially important to apply a Clean Break Order to your divorce application if you are expecting to receive money or assets from inheritance or are looking to start up a new business for example. If this is the case, make sure to bring this up with one of our experts, who can help you overcome this problem.
What is mediation?
Mediation is a cost-effective solution to settling matrimonial finances without the need of going through the Courts. It provides you and your ex-partner a peaceful space with a mediator who can set aside your differences and negotiate a settlement agreement. It is recommended that you at least consider mediation before Court proceedings, as the Court will expect to see that mediation has been attempted, otherwise may give reasons to decide less favourably on your claim. With that said, mediation is not suitable for everyone. Our Family Solicitors can advise whether mediation is appropriate, for example, if either party has been subject to domestic abuse during the marriage, then the Courts will not expect you to attempt mediation.
With all this, and your personal circumstances considered, we will be able to establish your stance and likely outcome. What’s even better is that you don’t necessarily need to go to Court to reach a settlement agreement. You may be advised to take mediation with your spouse, to see if you can come to an agreement there. We will always advise you on whether mediation is appropriate to your circumstances. Alternatively, our Financial Settlement Solicitors are expert negotiators, and often achieve an attractive settlement just from dealing with your spouses Solicitor.
Of course, you can come to an agreement yourselves, and without the need of a Family Solicitor, but you must ensure that your Consent Order protects your interest for the future, as without such protection can still allow your spouse to claim your finances.
In addition to the advice from our Divorce Settlement Solicitors, you may also find the following websites useful:
FAQ’s
What is a fair settlement?
The Court will always divide matrimonial assets and liabilities equally and fairly. But equally doesn’t necessarily mean half and half. With that said, the Judge will normally start dividing matrimonial finances 50/50, and from there they will make decisions based on the circumstances of both you and your spouse.
The scale of the award is usually based on:
- Any difference in income from either party and the needs of either party to pay for housing and other essentials
- Which party has the primary care of any children and are responsible for their day-to-day care
- The detriment of forming the family to either party, which otherwise would have resulted in career and future earnings
- Length of the marriage
Of course, there are more complicated factors that may apply to your case depending on the circumstances. Our Financial Settlement Solicitors will draft an estimated settlement in which you can both aim for.
How can my ex-partner claim my finances in the future?
Without a Clean Break Order, your financial obligations to each other will continue indefinitely, and despite your Decree Absolute or Final Divorce Order being issued, the other party can still pursue your finances later on.
It’s especially important to apply a Clean Break Order to your divorce application if you are expecting to receive money or assets from inheritance or are looking to start up a new business for example. If this is the case, make sure to bring this up with one of our experts, who can help you overcome this problem.
What is mediation?
Mediation is a cost-effective solution to settling matrimonial finances without the need of going through the Courts. It provides you and your ex-partner a peaceful space with a mediator who can set aside your differences and negotiate a settlement agreement. It is recommended that you at least consider mediation before Court proceedings, as the Court will expect to see that mediation has been attempted, otherwise may give reasons to decide less favourably on your claim. With that said, mediation is not suitable for everyone. Our Family Solicitors can advise whether mediation is appropriate, for example, if either party has been subject to domestic abuse during the marriage, then the Courts will not expect you to attempt mediation.
