Financial Settlements
Our family law team is here to help you reach a fair and practical financial settlement, whether through negotiation, mediation, or, if necessary, court proceedings.
Financial Settlements
Sorting out finances after a separation or divorce can be complex and stressful. Our family law team is here to help you reach a fair and practical financial settlement, whether through negotiation, mediation, or, if necessary, court proceedings. We aim to secure your financial future and provide clarity at every stage.
Division of Assets
What Does Division of Assets Mean?
When a marriage or civil partnership ends, all assets—such as the family home, savings, investments, and personal possessions—need to be divided fairly between the parties.
How Is It Decided?
- Many couples reach agreement through negotiation or mediation.
- If agreement isn’t possible, the court can make a Financial Order setting out how assets will be divided.
How We Can Help
We provide clear advice on your rights and options, help you negotiate a fair settlement, and represent you in court if needed. Our goal is to protect your interests and achieve a resolution that allows you to move forward.
Key Points
- The law aims for a fair outcome, not always a 50/50 split.
- The court considers factors such as the length of the marriage, each person’s needs, contributions, earning capacity, and the welfare of any children.
- Assets include property, savings, investments, business interests, and even debts.
Spousal Maintenance
What Is Spousal Maintenance?
Spousal maintenance is regular payments made by one spouse or civil partner to the other after separation or divorce, to help with living costs.
How Is the Amount Decided?
- The court considers the needs, income, earning capacity, and standard of living of both parties.
- Maintenance can be varied or stopped if circumstances change (e.g., if the recipient remarries or becomes financially independent).
How We Can Help
We advise on whether maintenance is appropriate in your case, help you negotiate terms, and assist with applications to the court if agreement cannot be reached.
When Is It Awarded?
- Maintenance may be appropriate if one person cannot support themselves financially, especially after a long marriage or where there is a significant difference in income.
- Payments can be for a fixed period or, in rare cases, for life.
Pension Sharing
Why Are Pensions Important?
Pensions are often one of the most valuable assets in a marriage or civil partnership. It’s important to consider them as part of any financial settlement.
How Can Pensions Be Divided?
- Pension Sharing Order: The court can order that a percentage of one person’s pension is transferred to the other.
- Pension Offsetting: The value of the pension is balanced against other assets (e.g., one person keeps the house, the other keeps their pension).
Pension Attachment Order: Part of the pension income is paid to the other person when it is received.
How We Can Help
We work with pension experts to ensure you understand your rights and options, and help you secure a fair share of pension assets as part of your settlement.
Key Points
- Specialist advice is often needed to understand the value and options for dividing pensions.
- Pension sharing can apply to workplace, private, and state pensions.
