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There are different types of money issues when you separate or divorce

  • Income or ‘maintenance’ issues.
  • Capital eg your house, savings, shares.
  • Pensions.

The burning question for most people is ‘what will I get?’ or ‘what will I owe?’.

There is no magic formula for this and it is not simply a case of arithmetic.  Divorce legislation sets out a checklist of things that a court takes into account when asked to make decisions about how to divide up matrimonial assets, income and pensions. In most cases, the court carries out a balancing exercise of different factors and there is often more than one answer - courts work in terms of bands of reasonableness.  It is therefore important that you do not assume that information friends or relatives give about their own experience of financial matters will be the right advice for you.

We are experts in this area and can advise you once full and frank disclosure of both parties’ financial circumstances have been obtained on what would be a fair financial settlement for you.  We take into account all of the relevant financial circumstances and help you negotiate your financial settlement. Where it is not possible to reach an agreement with your partner, we can represent you by robustly pursuing proceedings on your behalf, the objective being obtaining a successful outcome for yourself.

Prenuptial Agreements

You may want peace of mind and financial protection when entering into marriage and to regulate your financial affairs should you separate.  For example, this can relate to inherited wealth or property and assets from a previous marriage.  With the Supreme Court ruling about Prenuptial Agreements, couples are likely to increasingly want to protect themselves financially. We can give you expert legal advice about Prenuptial Agreements our you can get a guide as to what difference one could make by using our prenup calculator.

For advice and support, please contact your Family Law Team on 0113 320 5000 or by email on family@winstonsolicitors.co.uk

Family mediation

Winston Solicitors provide family mediation services for both individuals and legal professionals across West Yorkshire. Our family mediator Anna Vollans is a fully accredited and experienced family law mediator and collaborative lawyer.  

Child maintenance is usually governed by the Child Maintenance Service and there are only certain times when the court will make orders regarding child maintenance or child periodical payments. Spousal maintenance or spousal periodical payments can be made in financial proceedings and will depend on the circumstances of the case.

A 'Clean Break' Consent Order is an order agreed within divorce/dissolution financial proceedings which severs all financial ties between the parties both now and in the future.

A Pension Sharing Order (PSO) is an order made upon the conclusion of divorce/dissolution financial proceedings which allows a pension to be shared in accordance with the order, and the receiving party will receive this share of the pension to put in their own pension fund.

A Consent Order is an order agreed within divorce/dissolution financial proceedings which sets out the terms of the agreement for the finanical separation such as disposition of property; bank accounts; maintenance payments and so on.

These are the court proceedings that can be issued following a divorce/dissolution which will ultimately provide orders for a financial settlement.

This is a type of order in divorce/dissolution financial proceedings that means a party can stay in a property until certain conditions are met.