Money & Property Disputes on Divorce
Resolving any money and property disputes is often one of the most stressful parts of divorce or civil partnership dissolution. For many people, these issues feel more complex and emotionally charged than the divorce process itself.
To speak to a family law expert call 0113 320 5000
At Winston Solicitors, we help you navigate financial and property disputes on divorce with clarity and care. Our family law team focuses on finding fair, practical solutions that protect your future and reduce unnecessary conflict wherever possible.
At a glance
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Understand how financial disputes are dealt with on divorce
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Resolve property and asset disputes
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Explore court and non-court options
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Guidance from trusted family solicitors
Why financial disputes arise
When a relationship ends, decisions must be made about how assets and income are divided. This can include property, savings, pensions, businesses and often provision for future income needs.
Financial disputes on divorce often arise because:
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Assets are complex or high-value
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Contributions have been unequal
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One party has greater future earning capacity
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There is inherited or pre-marital wealth
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Emotions make agreement difficult
We recognise that every family’s situation is different. Our role is to help you understand your position and the options available, so you can make informed decisions.
Your options for resolving financial disputes
There is no single right approach for everyone. We will talk you through the options and support you in choosing the route that best suits your circumstances.
You may wish to:
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Instruct us to act fully on your behalf
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Use us for specific advice while handling parts yourself
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Explore non-court dispute resolution, such as arbitration or private dispute resolution.
Before issuing a court application, most people are required to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies. We can advise you on whether mediation is appropriate in your case.
How the court approaches financial matters
If matters cannot be resolved by agreement, the court has the power to decide how finances should be divided.
The court considers a range of factors under section 25 of the Matrimonial Causes Act 1973, including:
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The length of the marriage or civil partnership
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Your ages and health
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Income, earning capacity and capital
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Financial needs and responsibilities
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Contributions to the family’s welfare
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Pension provision and loss of benefits
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Conduct (in rare and extreme cases only)
The court has wide discretion, particularly where there are complex assets such as pensions, businesses or inherited wealth. Clear legal advice is essential in these situations.
Reaching a financial settlement
Many couples are able to reach agreement without a contested court hearing. Where agreement is reached, we can formalise this in a Consent Order, making it legally binding.
Some settlements include a clean break, ending all future financial claims. In other cases, ongoing maintenance may be appropriate. We will explain the implications of each option and help you decide what is right for you.
How we can help
Our experienced family law solicitors provide practical, tailored advice at every stage of the process.
We can help with:
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Asset and property disputes on divorce
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Pension sharing and offsetting
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Business and complex financial structures
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Negotiation and settlement drafting
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Court proceedings where needed
We focus on proportionality, clarity and outcomes that allow you to move forward with confidence.
Frequently Asked Questions
Do finances have to be resolved before divorce is finalised?
Not always, but it is usually advisable. Finalising a divorce without a financial order can leave future claims open, while potentially leaving parties less protected financially. Our family law team will explain how to protect your position and the timing that best suits your situation.
Will the court automatically split assets 50/50?
No. While equality is a starting point in some cases, the court’s focus is fairness based on your individual circumstances. We help clients understand what a realistic and fair outcome may look like.
Can non-court dispute resolution such as mediation help with financial disputes?
Yes, mediation and other forms of non-court dispute resolution can be very effective where both parties are willing to engage. It can reduce costs and conflict. We regularly support clients alongside mediation to ensure agreements are informed and workable.
What happens if we reach agreement ourselves?
Any agreement should be made legally binding through a Consent Order. At Winston Solicitors, we ensure agreements are properly drafted so they provide certainty and long-term protection.
What if there are complex assets like pensions or businesses?
Complex assets often require specialist advice and, in some cases, expert evidence. Our team has experience dealing with pensions, business interests and inherited wealth, and we guide clients through these issues carefully.
Fees and next steps
We offer competitive hourly rates and costs tailored to your individual needs. We will always be open and transparent about costs and help you understand how fees may be managed.
To speak to our Family Law team, call 0113 320 5000 or email family@winstonsolicitors.co.uk. We will listen carefully and help you take the next step with clarity and reassurance.
