Reaching an agreeable financial settlement can be incredibly stressful, especially when emotions are high, communication with your ex-partner may have broken down and your future looks uncertain. Our highly skilled and experienced divorce and finance solicitors will guide and advise you whilst negotiating a financial settlement which is fair and gives you the stability to plan for your future.
FAQ’s
A broad starting point is a 50:50 split. Then the court looks at Section 25 of the Matrimonial Causes Act 1973, which sets out a list of factors to consider. Each family case is unique, and early legal advice is important to protect you and your family.
It depends on your financial circumstances, who owns the property and if you have children of the family under the age of 18. In some cases, the property may be sold and the proceeds divided, while in others, one person may remain in the home or buy out the other’s share. The court’s priority is achieving a fair outcome for everyone involved.
Spousal maintenance is calculated based on several factors, including both parties’ income, financial needs, living expenses, earning capacity, and the standard of living during the marriage. The court will also consider the length of the marriage, childcare responsibilities, and whether one spouse requires financial support after divorce. There is no fixed formula in England and Wales, so each case is assessed individually.
Many people believe “common law marriage” gives unmarried couples the same legal rights as married couples, but this is not the case in England and Wales. As a common law partner, your rights can be limited, particularly regarding property, finances, inheritance, and pensions after separation or death. Your entitlement will depend on factors such as property ownership and any agreements in place.
In many family law cases in England and Wales, you are expected to consider mediation before applying to court, particularly for disputes involving children or finances. Mediation is not always mandatory, but you will usually need to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies, such as domestic abuse or urgency.
A pension sharing order is a court order made during divorce proceedings that allows one spouse’s pension to be divided between both parties. It enables a percentage of the pension savings to be transferred into the other person’s pension scheme, helping to achieve a fair financial settlement. Pensions are often one of the most valuable assets in a marriage, so specialist legal advice is important.
If you believe your ex-partner is hiding assets during divorce or financial proceedings, it is important to seek legal advice as soon as possible. Both parties are legally required to provide full and honest financial disclosure, including details of income, savings, property, pensions, and investments. If assets are suspected to be concealed, the court can investigate and impose penalties.
A D81 form, also known as a Statement of Information for a Consent Order, is a document used in divorce proceedings to provide the court with details of both parties’ financial circumstances. It includes information about income, property, savings, pensions, debts, and financial agreements. The court uses the D81 form to decide whether a proposed financial settlement is fair.
A Form A is a legal document used in family proceedings to give notice of your intention to proceed with a financial order during a divorce or the ending of a civil partnership. A Form A is used to formalise requests relating to property, maintenance and pension sharing. Link: ‘Gov.uk Form A’