Financial settlement solicitors

The divorce ends the marriage. The financial settlement decides how your assets, property, pensions and income are divided. It can have consequences for years, even decades.

Many people focus on getting the divorce finalised and treat the financial settlement as secondary. This is a mistake. Financial claims do not close automatically when the Final Order is granted: without a sealed Financial Order, your ex-spouse keeps the legal right to make financial claims against you, potentially for years.

Talk to us early. The sooner we understand your situation, the more options we have available to you.

If you cannot reach agreement and the matter goes to court, the judge applies the factors set out in Section 25 of the Matrimonial Causes Act 1973. These include each person's financial needs and resources, the length of the marriage, the contributions each of you has made and the needs of any children.

• The court does not follow a rigid formula. Every case is assessed on its own facts.
• The longer the marriage, the stronger the principle of sharing and equality of assets, including property, savings, pensions and investments.
• This can be adjusted for the needs of any children, each person's earning capacity and the contributions made.
• Pensions must be considered as part of the overall settlement. They can be shared, earmarked or offset against other assets.
• Hidden or undisclosed assets can be investigated through formal disclosure requests and court orders.

Usually, yes. Most settlements are reached without going to court. Before you agree to anything, we make sure you understand what you are entitled to and what the court would be likely to order. Our job is then to negotiate efficiently and protect your interests.

Once you both agree terms, we record the agreement in a Consent Order and submit it to the court for a judge to approve. A properly drafted Consent Order closes off future financial claims, and we make sure yours does exactly that.

Where agreement cannot be reached, our solicitors can represent you through the financial remedy court process.

Pensions are often the most significant asset in a divorce, and they must be considered as part of the overall settlement. The three main options are pension sharing, pension earmarking or offsetting the pension against other assets, such as property. Getting the valuation right is important, and we work with specialist pension actuaries on complex cases.

For the family home, the options include selling it, transferring it to one of you or deferring the sale. Whichever you choose, we make sure the arrangement is legally sound and properly documented.