Divorce Financial Settlement Solicitors

The main objective when separating your finances during divorce should be to achieve a fair outcome. Often, this can be done with a voluntary agreement between the parties. However, there are times when an agreement will not be found, and Court proceedings may be required. In either case, our specialist solicitors can support you in progressing the divorce and the financial settlement.

Dealing with the financial matters that arise when a couple divorces, in a way that leaves no room for error, can be a challenge. It is therefore essential to have the support of a specialist family lawyer with extensive experience in guiding clients through the range of options, including for a negotiated settlement or a financial Order imposed by the Family Court.

At Chattertons, we can use our expertise in constructive negotiation to achieve an amicable divorce settlement where possible. Where a more robust approach is required, we will issue proceedings and deal with matters through the Court in an efficient and pragmatic manner which gets results.

Our clients’ circumstances vary, from cases where the assets of the marriage are limited, to those where the family finances are intricate, including dealing with complex matters involving family businesses, farming families and individuals with overseas interests. 

The firm’s in-house Wealth Management team can provide independent financial advice to ensure that our clients’ best interests are protected along the way. Whatever the issue is, each client receives a high level of service and a personal approach. 

SPEAK TO OUR DIVORCE AND FINANCIAL SETTLEMENT SOLICITORS TODAY

For expert advice on divorce and related financial settlements, you can contact our divorce teams in Boston, Grantham, Horncastle, Lincoln, London, Newark, Sleaford, Spalding Stamford or Bourne.

To ask a question or request a call back at a time that suits you, please use our simple enquiry form and a member of our team will get back to you quickly.

HOW OUR SPECIALIST SOLICITORS CAN HELP YOU

REACHING AN AMICABLE SETTLEMENT OF FINANCIAL CLAIMS ARISING FROM DIVORCE

Most divorcing couples would prefer to separate their finances as quickly as possible while keeping conflict to a minimum. We recognise this and so place a strong emphasis on securing a voluntary settlement wherever possible.

Our family law specialists are highly skilled in supporting and representing clients during constructive negotiations. We can support couples with a variety of alternative dispute resolution methods including mediation and collaborative law, providing individuals with the opportunity to resolve matters without Court proceedings, if suitable in the situation.

APPLICATIONS TO A FAMILY COURT FOR A FINANCIAL ORDER

In some cases, it is not possible to reach a financial settlement agreement on a voluntary basis. In such cases, Court proceedings will be the best or only option for achieving a fair financial separation. Our team are highly experienced in guiding clients through Family Court proceedings, including applications for financial orders.

We can ensure your case is prepared effectively with all necessary supporting evidence and that you have the best possible representation for any hearings you need to attend. This way, you will have the strongest chance of achieving the outcome you require.

PROTECTING YOUR FINANCES DURING FINANCIAL SETTLEMENT PROCEEDINGS

At Chattertons, we appreciate that you may be concerned about protecting your finances when going through a divorce. Our expert divorce solicitors have extensive experience supporting clients with financial settlements arising from divorce, we can provide advice that’s tailored to your situation, to help you best safeguard your financial resources.

We can support clients with a wide range of matters, including:

• Legal support when approaching business valuation or other expert reports when negotiating  a financial settlement
• Assistance where you suspect your partner of hiding assets
• Guidance on providing full financial disclosure
• Support when it is appropriate to rely on any prenuptial or post nuptial agreements that you may have in place
• Assistance to obtain a clean break divorce settlement, meaning that your ex-spouse cannot attempt to make financial claims against you in the future

OUR FEES

We understand the need to be clear on how we charge for our services. You will always receive a realistic estimate of costs upfront with no hidden charges to worry about.

If you have any immediate questions about our fees, please do not hesitate to ask us.

WHY CHATTERTONS IS THE RIGHT CHOICE

Our family lawyers have decades of experience dealing with both straightforward financial settlements and high-value, complex divorce and related financial matters.

Members of our team are members of Resolution, a network of family lawyers committed to removing conflict from divorce and family legal disputes.

We can also offer the services of our Conveyancing Quality Scheme (CQS) accredited Residential Property team for any property issues related to your divorce, such as selling your family home, buying a new home and transfer of ownership.

FEES

Our family lawyers offer initial appointments on a Fixed Fee basis, to provide you with an opportunity to set out your history and current circumstances to a qualified person who will then provide you with initial advice tailored to your situation. After your initial meeting, we can provide a more detailed estimate of your potential costs. We also keep you updated on costs throughout your matter and provide a schedule of costs each time we bill.

Please note Chattertons do not take on Legal Aid cases.

Find out more here.

Frequently asked questions about divorce financial settlements

What am I entitled to in a divorce settlement?

This really depends on the situation, as no one case is the same. When you are getting divorced, in most circumstances you and your spouse will first need to attempt to arrange a voluntary financial settlement, deciding between yourselves what is appropriate in the situation.

Where it is not possible to come to an agreed settlement, it is usually necessary to reach a settlement by going through Court proceedings. A divorcing couple’s finances are split according to what is considered to be fair in the circumstances, factors that are taken into consideration to determine fairness include:

• The asset position of both parties, and what exactly is in the 'matrimonial pot' for division
• The contributions that both spouses have made to the marriage, taking into account both financial contributions as well as contributions to the home and childcare
• The duration of the marriage
• How much both parties earn, as well as their earn potential in the future
• The general standard of living experienced by the couple prior to the divorce,

Who gets what in a divorce settlement?

There is no set rule regarding who gets what in a divorce settlement. The outcome is dependent on a number of factors.

From the outset, both parties are encouraged to attempt a voluntary settlement, often with the assistance of their own independent solicitors, to negotiate and determine a fair division of assets according to the circumstances.

Where the divorcing couple cannot decide between themselves, it is necessary to involve the Court, to divide the marital plot which may include property, pensions, savings, assets,  and so on.

Can you divorce without a financial settlement?

Whilst it is possible to divorce without reaching a divorce financial settlement, this is not recommended. Even if your divorce is completely amicable and without conflict, the divorce itself only deals with the dissolution of the marriage, not with the claims that arise from the divorce, so you will still need to formalise the division of your financial resources from those of your spouse.

Where you wish to avoid formal Court processes, couples are advised to attempt to reach a voluntary financial settlement, using alternative dispute resolution methods such as mediation.

How is a divorce settlement calculated?

In the UK, a divorce settlement is calculated according to what is fair for both divorcing partners in the situation. Theoretically, a 50/50 divide represents an equal starting point, however, once the circumstances of both spouses are taken into consideration,  a settlement may not be divided this way.

Divorce and finances can be complex, particularly where parties have multiple properties, own a business, or own international or higher value assets. Rest assured, working with an expert solicitor is the best way to protect your finances and your future.

How is a pension split in divorce proceeding?

When reaching a divorce settlement, pensions count as marital assets, meaning that one spouse might be entitled to a portion of another’s pension. To split pensions during divorce proceedings, there are various options, including:

Pension sharing- A percentage of one spouse’s pension is transferred into a separate pension scheme, which that spouse then takes sole ownership of

Pension offsetting- Meaning that one spouse agrees to give up the right to the other’s pension, and in exchange, receives additional assets

Pension earmarking- This method is rare, though still an option, whereby the Court orders that one spouse will receive a set percentage of their ex-partner’s pension, ongoing, over time

Will I get a better settlement if the divorce is not my fault?

In April 2022, no-fault divorce was introduced, meaning that, divorcing couples are no longer required to provide a reason for divorce. Under the old divorce law, providing one of five reasons for the divorce meant that the parties had to blame one another for the breakdown of the marriage. By removing the concept of fault and allowing spouses to simply declare that the relationship has irreparably broken down, an amicable divorce is more likely in many cases.

Many people wonder whether they will receive a better financial settlement if the divorce is not their fault, and whether or not no-fault divorce will have any affect on how financial settlements work.

The fact is, the new no-fault divorce law has had no effect on how assets are divided between divorcing parties. Assets are still divided according to what is believed to be fair in the circumstances, taking into consideration the financial resources of both parties; how each has contributed to the marriage; the health and age of both spouses, along with other key considerations.

Where matters go to Court, who’s ‘fault’ the divorce isn’t one of the key factors that’s taken into consideration when determining a fair settlement.

How is the family home divided in a divorce?

When reaching a financial agreement during divorce, dividing the family home is often one of the most pressing concerns. Regardless of whether the family home is owned by one spouse, or both spouses, the home will be included as part of any divorce settlement. The property will be divided according to what is fair in the circumstances, however the most common options are:

• One spouse keeps the home, and the other spouse takes a greater portion of other assets, ensuring fairness
• Where both spouses own the property, one might buy the other out, becoming the sole owner
• The family property is sold, and the funds are divided evenly between the couple

What should I do if I suspect that my ex-partner is hiding assets?

If you suspect that your ex-partner is hiding assets, you’ll need to consult an expert solicitor. In this situation, our solicitors at Chattertons can provide advice based on your circumstances, ensuring that your interests are protected.

Our team can support you through the necessary processes in this situation, including, working with forensic accountants to investigate.

It is important that both parties provide a full financial disclosure when going through divorce settlement proceedings, failing to do so can result in legal and financial penalties.

Speak to our divorce financial settlement solicitors

For expert advice on divorce financial settlements, you can contact our divorce teams in Boston, Grantham, Horncastle, Lincoln, London, Newark, Sleaford, Spalding Stamford or Bourne.

To ask a question or request a call back at a time that suits you, please use our simple enquiry form and a member of our team will get back to you quickly.