Financial Arrangements Following Divorce
Practical advice to help you understand, protect and resolve your financial position following divorce or the dissolution of a civil partnership.
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Separating from a spouse or civil partner can raise significant questions about your financial future. You may need to decide what happens to the family home, savings, investments, pensions, business interests and debts, as well as whether either party will require ongoing financial support. These issues are dealt with separately from the legal process of obtaining a divorce or dissolution.
There is no automatic formula for dividing finances on divorce. Where an agreement cannot be reached, the Family Court has discretion to determine an appropriate outcome after considering factors including each party’s financial resources, earning capacity, needs and responsibilities, standard of living, the length of the marriage and the circumstances of any children.
DTM Legal advises individuals with a wide range of financial circumstances, from relatively straightforward arrangements involving a family home and pensions through to cases involving companies, investment portfolios, trusts, inherited wealth or assets held overseas. Our Family Law team can help you establish the financial position, identify your priorities and work towards a settlement that provides clarity for the future.
Finances and Divorce Legal Services
Our Family Law solicitors can advise and represent you throughout negotiations and, where necessary, financial remedy proceedings.
Our services include:
- Negotiating financial settlements following divorce or dissolution
- Financial disclosure and reviewing information provided by your former spouse or civil partner
- Preparing and advising on Consent Orders
- Applications for financial orders through the Family Court
- Arrangements relating to the family home and other property
- Pension sharing and other pension arrangements
- Spousal maintenance and ongoing financial support
- Business interests, company shareholdings and business valuations
- Savings, investments and other financial assets
- Trusts, inherited wealth and assets acquired before the marriage
- Complex and high-value financial arrangements
- Overseas property, offshore assets and international financial considerations
- Advice on achieving a clean break from future financial claims where appropriate
- Working with valuers, accountants, pension experts and other professional advisers where specialist input is required
Why Instruct DTM Legal?
Resolving finances on divorce is about more than calculating the value of the assets available. The way a settlement is structured can affect where you live, your future income, retirement provision, business interests and longer-term financial independence. We take the time to understand what matters most to you and identify where a proposed settlement may have practical consequences that need to be considered.
Our approach is pragmatic and proportionate. Wherever possible, we aim to help clients reach an agreement without unnecessary court proceedings. An agreed settlement will usually be quicker and less expensive than asking the Family Court to determine the outcome, but it is important that any agreement is properly documented and made legally binding through a Consent Order.
Where finances are more complex or agreement cannot be reached, we can provide robust and strategic representation. Our team has experience dealing with business assets, pensions, trusts and other more complex financial arrangements and can involve appropriate financial or valuation experts where their input will help establish a reliable picture of the assets available.
We provide:
- Clear and pragmatic financial advice
- A detailed understanding of your priorities and future needs
- Support with both negotiated settlements and contested proceedings
- Experience dealing with complex and higher-value assets
- Advice focused on achieving a proportionate and sustainable outcome
- Coordination with financial and valuation experts where required
Get in Touch
If you are separating or going through a divorce and need advice about your finances, speak with our Family Law team. We can help you understand your financial position, explore the options for reaching an agreement and advise on the steps required to protect your interests.
To discuss your requirements, contact us by emailing family@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.
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Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.
Frequently Asked Questions
Commonly asked questions regarding managing finances as part of the divorce process.
- Are assets always divided 50/50 in a divorce?
- Do we need a Consent Order if we have already agreed our finances?
- What happens to my pension when I divorce?
- What happens if my spouse will not disclose their finances?
- Will we have to go to court to settle our finances?
No. There is no rule that every divorce must result in an equal division of all assets.
If the Family Court is asked to determine the financial arrangements, it considers a range of factors including the resources available to each person, their current and future financial needs, earning capacity, standard of living, responsibilities and the circumstances of any children. The length of the marriage and other relevant circumstances can also affect the outcome.
An equal division may be an appropriate starting point or outcome in some cases, but every financial settlement needs to be considered on its own facts.
It is normally advisable to formalise an agreed financial settlement through a Consent Order approved by the Family Court.
Simply reaching an informal agreement between yourselves does not make that arrangement legally binding. A Consent Order records how assets such as property, pensions, savings and investments will be dealt with and can also address ongoing maintenance. Once approved by the court and effective, it provides much greater certainty and can enable future financial claims to be dismissed where appropriate.
The court must consider whether the proposed arrangements are fair before approving the order.
Pensions are part of the financial picture that should be considered when resolving finances following divorce or dissolution. Depending on the circumstances, the settlement may involve a Pension Sharing Order or another arrangement which takes account of the value of pension provision.
It is important not to consider pensions purely by comparing their headline values. Different pensions can provide very different benefits, and specialist pension advice or actuarial evidence may be appropriate where significant or complex pension arrangements are involved.
You should also obtain advice before finalising the divorce where pension arrangements remain unresolved, as the timing of the Final Order can have financial consequences.
Reliable financial information is essential before a fair settlement can be reached. In formal financial remedy proceedings, both parties are required to provide financial information and supporting documents, initially through a Form E. Further questions and requests for documents can then be raised where additional information is required.
If you are concerned that assets, income or business interests have not been properly disclosed, speak to your solicitor rather than agreeing a settlement based on incomplete information. There are procedures available within financial remedy proceedings to seek further disclosure.
Not necessarily. Many divorcing couples are able to reach a financial agreement through solicitor negotiations, mediation or another form of non-court dispute resolution. Mediation can be used to help parties reach agreement about property, pensions, savings and investments, and an agreed settlement can then be converted into a Consent Order for approval by the court.
If agreement cannot be reached, either party can apply for a financial order and ask the Family Court to determine the outcome. The court process ordinarily includes opportunities to negotiate and reach a settlement before a final hearing takes place.
Where possible, resolving matters by agreement will generally save time and legal costs compared with proceeding to a contested final hearing.
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