Finances on Divorce and Separation
Feeling secure about your financial future is often one of the main concerns during the breakdown of a relationship. Whatever the complexities and circumstances that you face, our specialist team will provide support and guidance throughout the process.
Reaching a financial settlement can be a testing time but we will work by your side to secure a successful outcome. We will advise you on what is fair, reasonable and realistic, whether you are involved in a negotiated settlement or whether a judge is to make the final decision. And we will draw on our many years of experience to help you make informed and well considered choices, both in terms of process and outcome, when reaching a financial settlement.
Our Expertise →
We offer exceptional legal expertise across the full range of financial matters that may arise on a relationship breakdown.
Many of our cases have international aspects and we have developed close relationships with first-rate family lawyers around the world when we require advice regarding the laws of another jurisdiction.
Many of our cases also involve complex financial structures, business assets, trusts, and overseas pension arrangements. Where particular expertise is required, we have excellent relationships with other specialists including accountants, tax advisers, IFAs, mortgage brokers and actuaries. They can provide support, guidance and expert advice on any financial settlement.
Our advice on financial matters includes:
Financial arrangements on divorce and the division of assets
There are a number of financial orders which a judge can make on a divorce and these generally form the basis for an agreement between the parties. They include orders for maintenance (periodical payments), lump sum payments, transfer of assets (including the family home for example) and orders relating to pensions. We can advise you on the legal principles that govern the division of assets on divorce and help you to secure a fair settlement.
We also offer advice on:
- International aspects – including financial provision following an overseas divorce, offshore trusts, foreign pensions and property held abroad.
- Emergency applications – such as applications for a freezing injunction to prevent the disposal of assets.
- Claims for financial provision against the estate of a deceased spouse or former spouse under the Inheritance (Provision for Family and Dependants) Act 1975.
- The impact of bankruptcy proceedings on the division of assets.
- The enforcement of orders – including domestic financial orders, the enforcement of foreign financial orders in this jurisdiction and the enforcement of an English court order abroad.
Financial arrangements between couples who live together but who are not married
Rights between cohabiting couples are limited because cohabiting couples are not afforded the same legal rights as married couples when the relationship breaks down. We have extensive experience in helping clients to navigate this complex area of law to reach sensible agreements. Take a look at our dedicated page on Living Together here.
Financial arrangements for children including the Child Maintenance Service
Ensuring that your children are adequately provided for both emotionally and financially is, for most parents, their number one priority. We help clients to secure financial provision for their children, putting their mind at rest and allowing them to focus on the future.
Variation and capitalisation of maintenance payments
Even though a financial settlement has been reached and a court order is in place, your circumstances or those of your former partner may change. It may become necessary to apply to the court to vary the existing arrangements. We can advise you on the likely outcome of such an application.
For further information, read about our expertise in varying maintenance payments here.
Our maintenance indexation calculator (see Our Toolkit) can be a useful tool for calculating any automatic inflationary uplifts in payments under an order.
Enforcement of an order
If a party is in breach of an order, for example where the paying party has ceased to make maintenance payments, it may be necessary to take enforcement action. We help clients to put pressure on the paying party to reinstate the payments and will commence enforcement proceedings when necessary.
Pre and post nuptial agreements
Planning for the future is as important as dealing with a current situation. A pre or a post nuptial agreement can help to avoid unnecessary wrangling when a relationship breaks down and can create a level of certainty as well as help to manage expectations.
Find out more about pre and post nuptial agreements here.
Our Support Services →
We understand the difficulties that the end of a relationship can bring and the challenges of an uncertain future. That is why we have developed a well-being hub, offering emotional and practical support to guide you through the complexities and circumstances that you may face. Our support includes:
- Parenting After Parting workshops
- Our Divorce Diaries website
- Invitations to our thought leadership talks
To find out more about the support that we offer, please click here.
We have some of the very best London divorce lawyers and mediators, along with accomplished arbitrators, family consultants and counsellors. There’s no one better to handle your case.
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