Divorce Financial Settlements
Divorce Financial Settlements (Divorce and Dissolution)
When a married couple or civil partners make the decision to divorce or dissolve their civil partnership, there are plenty of legal aspects that must be carefully considered, including divorce settlements. The task of reaching a settlement can frequently lead to disagreements, for example, one spouse or civil partner believing they are entitled to the other spouse’s assets.
Our divorce and financial settlement solicitors understand how difficult divorce and finance matters can be to arrange. We will provide clear, realistic advice and close personal support throughout the case. Our team will do all that we can to ensure you are supported and your financial interests are protected.
At Dutton Gregory Solicitors, we have vast expertise and a wealth of knowledge and skill assisting clients through all divorce financial settlement issues, even where circumstances are more complex, for instance, settlements for high-net-worth individuals.
Should you choose to instruct Dutton Gregory family law solicitors, we will take the time to carefully get to know you. By understanding your circumstances and requirements, we can deliver a bespoke service that best meets your needs.
Our divorce financial settlement expertise
Our divorce financial settlement solicitors can provide invaluable expertise in matters including:
- Making a voluntary divorce financial settlement
- Consent orders (to make voluntary agreements legally binding)
- Applying to the court for a financial settlement order
Get in touch with our divorce financial settlement solicitors
Our divorce financial settlement solicitors can advise clients nationally and worldwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London.
To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.
How our divorce financial settlement solicitors can assist you
During divorce or dissolution, it is necessary to divide finances between both parties. It is often possible for the individuals to make financial arrangements between themselves, without the need to step into a courtroom.
Our solicitors can guide you through the steps of reaching a financial settlement and consent order, including obtaining a clean break order. We take a collaborative approach towards making these arrangements, avoiding costly, time-consuming and often contentious court proceedings. Instead, we guide our clients towards private negotiation and mediation.
Our solicitors can provide assistance with obtaining a divorce and financial settlement, for example, making financial arrangements for the following:
- What will happen to the family home
- Finding a fair division of assets, including second homes, investment properties, overseas properties, business assets, savings, investments, personal possessions, etc.
- Negotiating if and how pensions will be divided, including Pension Sharing Orders and pension attachments
- Spousal and child maintenance or obtaining a clean break, ending all financial ties and claims
- Debts and liabilities
If we are unable to assist you in achieving a voluntary divorce financial settlement, court litigation may be the appropriate next step.
Even in circumstances where the divorcing parties are able to make an amicable voluntary divorce financial settlement agreement, this does not automatically end their financial connection.
Should either party come into money later down the line, such as receiving an inheritance, their ex-spouse may be entitled to make a claim. Only a financial order approved and sealed by the court can separate their finances and end the ability to make a claim in the future.
At Dutton Gregory, our solicitors can review a divorce financial settlement agreed by the parties and assist individuals by advising as to the fairness and other factors they may wish to consider. They can then embody that agreement into a financial consent order application and apply to the Court for this to be approved and made legally binding and enforceable.
The team are proud in their approach in treating each client as an individual and providing personalised and bespoke legal advice tailored to individual circumstances.
We can further assist with consent orders that have been rejected, assessing the reasons why the order was declined and helping to draft a new consent order for approval.
There are particular circumstances where it is not possible to reach a voluntary divorce financial settlement.
For example, where an agreement cannot be reached or where one spouse refuses to disclose their finances. Should this be the case, the spouse who has disclosed their finances may apply to the family court. In this situation, the Judge will make a legally binding decision based on each party’s financial position and other assessed factors.
At Dutton Gregory, we recognise the disruption and stress that can come from court proceedings. We strive to provide close personal support throughout and can handle all the necessary legalities on your behalf. Our team have a strong track record of success, consistently helping our clients to achieve their desired outcome.
Frequently asked questions about divorce financial settlements
It is not possible to state what the normal division of assets is during divorce as it can vary for each divorcing couple, some individuals will have more complicated financial situations compared to others.
If the divorcing parties have similar financial circumstances, the starting point is typically a 50/50 division, but a number of other factors from the Matrimonial Causes Act Section 25 checklist may apply and be taken into consideration. For example, one party may have what we term “non-matrimonial assets” being assets that they acquired outside of the marriage itself, such as through inheritance, gifts or pre-marital assets.
The key factors that are taken into account when considering a financial settlement upon divorce are:
- The current income, earning capacity and financial resources of each party, both now and in the future
- The current financial needs, obligations and responsibilities of each party, both now and in the future
- The standard of living enjoyed by each party prior to the divorce
- Any mental or physical disabilities either or both parties may have
- The contributions each party made during the marriage, including both financial and non-financial contributions
Each party’s age - The welfare and needs of any children in relation to the marriage
No two divorce financial settlement cases are the same, meaning that it is not always possible to pinpoint an accurate time frame.
Generally, for more straightforward matters, divorcing couples are able to come to a quicker decision, typically in around 6 months. Where the situation may be more complex, such as one party failing to cooperate or suspected hidden assets, it can potentially take years to reach a final decision. Much will also depend upon the waiting list of the court involved. Our solicitors will be able to guide you through this process, including advising on the likely outcome and timescales for your matter.
Who gets the house will depend on the individual divorce situation. If there are children involved, their needs will also be taken into consideration and given priority.
Some divorcing couples will choose to sell the house and divide it between themselves, or one party may buy the other out and become the sole owner. Even where only one spouse solely owns the property, this won’t necessarily mean that they are entitled to keep the property.
Why choose our divorce financial settlement solicitors?
Dutton Gregory Solicitors is a client-focused firm, devoted to delivering a friendly and approachable family law service.
If you choose to work with our team, we will make sure to take the time to get to know you and your needs, developing a long-lasting professional relationship.
We understand that no divorce financial settlement situation is the same. For this reason, we always take a personalised approach, taking the time to carefully understand your circumstances.
At Dutton Gregory, we are proud that our family law team have been recognised by the Law Society for their outstanding service and non-confrontational approach to all types of matters, including divorce financial settlements through the Child Law, Family Law and Family Law Advanced accreditations.
When you instruct the Dutton Gregory team, you can be confident of receiving an outstanding service from dedicated solicitors who will provide the utmost sensitivity throughout your matter.
Our team will always keep you fully up to date with the progress of your case and be on hand ready to answer any queries or concerns you may have.
At Dutton Gregory, we believe in providing completely transparent fee estimations from the outset. Our solicitors offer competitive divorce financial settlement service fees and a range of flexible funding based on your circumstances and the complexity of your case.
Where a divorce financial settlement matter is more straightforward, we may be able to offer fixed fees. If your circumstances are more challenging, an hourly rate may be better suited with the rate based on the level of expertise and support needed.
Get in touch with our divorce financial settlement Solicitors
Our divorce financial settlement solicitors can advise clients nationally and worldwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London.
To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.
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