Finances on divorce

We understand the importance of your finances and can help you with these during divorce.

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Divorce finances can be daunting and there is plenty to consider including the family home, businesses, pensions, trusts and potential international issues. We make the complex understandable by looking beyond the legal and taking a commercial, practical and creative approach.

When you're facing a divorce, you need to know where you stand financially. You may be concerned about your immediate financial security or responsibilities, unclear on how to approach dividing up the family's assets or worried about what kind of financial settlement you might end up with.  

Our nationally and internationally respected family team comes into its own when dealing with more complex and challenging financial issues. It's not just about understanding the law. We listen carefully to what you're telling us about your situation and how it's affecting you so that we're clear on what matters most.

It's about keeping the bigger picture in mind. It's about doing everything we can to help you achieve your objectives while at the same time being honest and pragmatic. It's about not letting you down and keeping our promises. It's about protecting your interests, reducing conflict wherever possible and helping you find the right process and approach to getting the divorce finances settled.

A wide range of different financial issues come up when a family relationship breaks down. Some are obviously complex, such as offshore trusts or multinational business structures. Others can appear relatively straightforward at first glance but are in fact more complicated – public sector or final salary pensions for example. There can be serious implications if these aren't recognised and dealt with properly.

Whether we're negotiating on your behalf, representing you in court, facilitating discussions with your partner in mediation or collaborative meetings, or preparing a pre-nuptial agreement, we are adept at answering the most challenging legal questions.

We know that every family's situation is different but there are common themes in even complex cases. The fact that we'll probably have come across them before means you can be confident about our ability to find the best approach to take in your individual circumstances.

We can advise on

Financial orders

Immediate financial concerns

In the immediate aftermath of a separation, it's best to try and keep your usual financial arrangements running.

Enforcing financial orders

When a financial order is made, that should be the end of matters but unfortunately, for some, that is not always the case.

Varying financial orders

When a court order is made, the hope is that the order is definitive. However, there will be times when one party considers that the order needs to be varied.

Financial settlement

Divorce financial settlement is a general term for sorting out all the different financial consequences of a divorce. These can include how a house is divided, pensions and maintenance.

How we can help

We can help you get to grips with all of the issues you're facing. We will explain the options open to you and the different approaches that can be taken so that together we can decide on the road ahead.

We can advise on:

  • Negotiating a financial divorce settlement involving a buy-to-let property portfolio. Everything was agreed without court proceedings and transactions were timed to minimise tax, legal and accountancy fees.
  • Preparing a prenup at short notice for a household-name international sportsman. We worked closely with foreign family lawyers in our network to cover the position here and in his home country in Europe.  
  • Taking urgent action to prevent a family's wealth from being moved offshore. The freezing order we obtained meant that the court was able to make and enforce a fair division of the matrimonial assets. 
  • Identifying complex issues with a high-value NHS pension scheme. We worked in innovative ways with actuaries to maximise the benefits of the resulting pension-sharing order for both of the divorcing couple.

Our divorce lawyers

 

Our family and children team is known for its commitment to reducing conflict. This is why all of our lawyers are members of family justice organisation Resolution. It's also why so many of us offer mediation and collaborative divorce as well as negotiation and court representation and arbitration.

Your divorce may be complex but, wherever possible, we will encourage agreement. Going to court for more than the divorce process itself is sometimes necessary but usually there's a better way. We know from experience that decisions you make for yourselves, supported by the advice we provide to ensure you're protected, are more likely to be effective and better for the family in the long term than those imposed on you by a judge in court who doesn't know you. If you do need an independent decision, arbitration offers a much more flexible, dignified and speedy process.

When it comes to preparing for divorce, we can help. Do you need guidance on how to file for divorce? Or do need to know more about how to get a divorce? No matter how simple or complex your needs are, talk to us today for divorce advice and support.

Ready to talk to us?

Our team of specialist family lawyers are here to support you if you're going through a divorce. Speak to our team today. 

Resources

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

Family and children blog

Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

Family law vlogger YouTube

On our YouTube channel, Caitlin Jenkins, the Family Law Vlogger gives you guidance on your first step in sorting out your issues.

Finances on divorce FAQs

In order to get a divorce you have to have been married at least a year although in certain circumstances you may be entitled to an annulment before that. You need to meet the legal criteria on what is called "jurisdiction" which is the rules that govern whether this or another country is the right place for the proceedings. Since 6 April 2022, you have to confirm that your marriage or civil partnership has irretrievably broken down. 

Unless you qualify for an exemption on financial grounds there will be a court fee payable, currently £593.

Divorces are now dealt with mainly through an online system that you can use yourself or through your divorce solicitors. How long the process to get the divorce itself depends upon whether your divorce was started before 6 April 2022 or on or after 6 April 2022.  For all those divorces started before 6 April 2022, then the whole process can be completed in as little as three months if there are no delays.  For all those divorces started on or after 6 April 2022, then it will take a minimum of 26 weeks for the process to be completed if there are no delays. 

However, disputes about financial or children arrangements can take longer to deal with and in many cases, the final decree absolute (or final order) may need to be held up whilst you get your financial settlement or order.

Nearly all divorces now will be done through an online process that you or your solicitor can access.

Contact our team today

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