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Financial settlements on Divorce or Separation

Advice on Financial Settlements

There are different types of money issues when you separate or divorce/dissolve your partnership:

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

Our Family Law experts can talk you through the options in relation to your financial settlements.

What Do You Typically "Get" from Financial Settlements on Divorce?

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

There is no magic formula for this and it is not simply a case of arithmetic. Divorce/dissolution legislation sets out a checklist of things that a court takes into account when asked to make decisions about how to divide up family 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 settlements 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 settlement for you.  We consider all of the relevant financial circumstances and help you negotiate your financial settlements. Where it is not possible to reach an agreement with your former partner, we can represent you by robustly pursuing proceedings on your behalf, the objective being to obtain a successful outcome for you.

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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 entering into a Prenuptial Agreement, or you can get a guide as to what difference one could make by using our prenup calculator.

Our Family Law Experts Can Help with Financial Settlements

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

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 (child periodical payments). Spousal maintenance (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 financial separation dealing with sale/transfer of property; bank accounts; maintenance payments and so on.

These are the court proceedings that you can apply to the court for 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 live in a property until certain conditions are met.

Client feedback

Very easy to make an appointment, and the advice given was presented in a manner that a layman can understand and all questions answered to my satisfaction. have no hesitation in recommending if you need to use their service.
Anonymous
I moved my divorce to Teresa and Judith from another solicitor that I did not have confidence in and what a difference. Their sensitivity and understanding got me through one of the worst times of my life. Their guidance, support and knowledge through the whole drawn out process is so appreciated. Together we managed to achieve a fair settlement. Teresa and Judith absolutely know what they are doing. I cannot recommend them enough.
Pauline
Outstanding Legal Support from Start to Finish:From my initial call to the resolution of my case, the firm and its staff demonstrated exceptional professionalism and care. I would particularly like to commend Mrs Harriet Reid, a family solicitor whose dedication and expertise were instrumental in achieving a successful outcome.Despite having less than ten days to prepare, Mrs Reid devoted considerable time and attention to my case. Her legal knowledge, strategic insight, and empathetic approach were of the highest calibre. She displayed remarkable skill in preparing the case for my counsel, ensuring every detail was meticulously addressed.If I ever require legal representation again, I know exactly where to turn.
Anonymous
Teresa and Judith assisted with my recent divorce and i cannot rate them highly enough, i was talked through every aspect and everything was explained in full and i was kept fully updated and imformed of everything that i needed to do and when it was required for. Their patience when i was working away and understanding was especially appreciated.Once that was all complete Amanda and Samantha and the convayensing team sorted the transfer of the house and the paperwork associated with that.I would highly recommend them and thier company for any legal issues you have and would use thier services again without hesitation.
Richard J
Hannah at Winston helped me with filing the financial issues of my divorce to the court. She liaised with my ex husband as I was at a point I could no longer speak to him. I am very grateful to Winston’s and especially Hannah.
Anonymous
Was very satisfied with all the procedure of getting divorced was kept informed always through and explained all the legality in simple terms
Terry
Wendy Campbell who delt with my devorce was polite and understanding,very pefessional.I could not have ask for a better person to help me through the bad times. Always keeping me up to date with every thing and no problem she could not handle.
Andrew
My Divorce case was handled efficiently and with understanding by Teresa and Judith who guided me all the way through it with sympathy for the circumstances and I wouldn't hestitate to recommend them, infact I have already done so!
Elizabeth R
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