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For more information about our Finances on Divorce or Separation services
Contact Our TeamFinances on Divorce or Separation
Resolving your finances following the breakdown of a relationship or marriage is often complicated and stressful. We are here to offer you tailored advice to protect your assets for both the immediate and long-term future.
Financial claims arising from divorce/dissolution of civil partnership proceedings will depend upon the assets involved and can include property, spousal maintenance, lump sum and pension sharing orders. Full financial disclosure is required of both parties in order to advise further.
The decision on whether to stay in the home, unless this is agreed mutually between parties, depends on various factors including the presence of dependant children and finances. Both parties have a right to the home until a financial settlement is in made or a Court order is in place.
Pensions will be considered as a marital asset as part of your divorce and therefore are likely to be split between the parties. We will be able to advise you further regarding what you are entitled to relating to Pensions in divorce and help you to negotiate a settlement.
Spousal maintenance is a form of financial support, and it is designed to “bridge the gap” between ex-spouses. This is in cases where there is a clear difference in income or future earning potential between the parties. You will need to apply for this, as it is not automatic, and your success will depend on a range of factors. We will be able to advise you in relation to this and provide you with your likelihood of success.
Yes you can agree on the division of your assets between you or by way of mediation, this eliminates the need to go to Court. This agreement is referred to as a “settlement” and can be formalised through a consent order.
A clean break consent order is a court order that formalises the financial arrangements between divorcing parties. The “clean break” element prevents any future financial claim between the parties; this provides you with certainty regarding your financial future.
If either party to a financial order does not comply with the order made, this could lead to a contempt of court finding. The court may then impose a fine or enforcement actions such as attachment of earnings, charging orders or third-party debt orders to recover the amount of money owed. If the court has ordered a sale of the property and your ex-spouse refuses to co-operate the Court can make orders for the sale to proceed and in some cases sign the necessary contractual documentation. Our team can advise you upon the correct enforcement procedure.
Legal Aid
Legal Aid is still available in family proceedings if you meet certain criteria. The criteria to be applied will depend on what type of proceedings you are involved in.
We are able to assess your eligibility promptly to confirm whether you will qualify for funding.
Contact our team on 01978 291000 for us to confirm whether you are eligible.
Our Finances on Divorce or Separation Specialists
Our Finances on Divorce or Separation department is composed of dedicated specialists committed to helping you protect your assets for both the immediate and long-term future.
