Financial Settlements

The court considers factors like children’s needs, financial contributions, and future housing requirements. Options include selling the property, transferring ownership, or deferred sale agreements.

Not always. The court aims for fairness, considering income, needs, and contributions. A 50/50 split is common but the court can depart from equality depending on the circumstances especially if required to meet needs. Each case is different so expert legal advice is imperative.

Pensions are considered marital assets and can be shared through pension sharing orders or offset against other assets. Professional advice is crucial to ensure your provision for retirement is appropriaely provided for or otherwise protected.

The court considers a range of factors under Section 25 of the Matrimonial Causes Act 1973, including each party’s income, earning capacity, housing needs, childcare responsibilities, and the welfare of any children. The goal is a fair division of assets, which may include property, savings, pensions, and investments.

Most financial settlements take 9–12 months, but complex cases or court applications can extend this timeline. Early legal advice and negotiation can help speed up the process and avoid unnecessary delays.

Property division depends on individual circumstances. Courts prioritise housing needs, especially for children, and consider each party’s ability to secure accommodation. Options include selling the property, transferring ownership, or deferred sale agreements.

In most divorces, businesses and their value are treated as part of the matrimonial asset pot, alongside savings, property, pensions, and investments. These assets are taken into account in the financial settlement, even if one spouse never worked in the business. The Courts have wide discretion in how to deal with businesses for example allowing the business owner to keep the company or shares and compensate the other spouse with a larger share of other assets or spousal maintenance. The Court can also in certain circumstances order transfer or sale of shares and ultimately the business. Each case is unique so expert legal advice is required at the outset to ensure your position is protected.

Businesses would normally be factored into account but some steps to try to protect them include using a prenuptial and/or postnuptial or separation agreement to seek to ringfence them from consideration. Otherwise the value of any business is a factor for consideration in division of the available assets. In a lot of cases and with suitable legal advice, alternative financial arrangements can be agreed or sought to seek to ensure business structures remain unaffected or otherwise resolved so that running of the business can continue in future.

The value would normally be taken into account in overall consideration of fairness in how matrimonial assets should be divided. The value of a business as has grown during the marriage will usually treated as part of the matrimonial asset pot, alongside property, savings, and pensions—even if your spouse never worked in the business.

If the value cannot be agreed, business accounts and ownership structures can be scrutinised to establish fair value sometimes with the assistance of a suitable expert. This can be complex and usually needs professional legal advice to be done correctly.

Seek specialist advice from an experienced divorce solicitor. They can help you secure a fair settlement, make informal agreements legally binding, and protect your financial future.

Yes, pensions are considered marital assets. Splitting pensions fairly can be complex, and expert valuations may be required. Options include pension sharing, offsetting, or attachment orders.

If your financial settlement wasn’t formalised by a court order, your ex could claim against your assets even many years after the divorce. A consent order ensures finality and protects your assets.

Matrimonial assets include property, savings, investments, pensions, and possessions acquired during the marriage or cohabitation. Non-matrimonial assets (owned before marriage) are usually excluded unless needed to meet financial needs.

The court considers housing needs and where children will live. Joint ownership may be as joint tenants or tenants in common, which affects how property is divided. Legal advice is essential.

There is no fixed statutory time limit to apply for a financial settlement after divorce in England and Wales. However, until a court issues a final financial order, either party can make a claim — even years later. This means your ex could potentially seek a share of assets you acquire in the future. The safest approach is to finalise a settlement during the divorce process to avoid uncertainty.

A consent order formalises an agreed financial settlement and can include a clean break clause to prevent future claims.

Financial orders involve complex procedures and court approval. A solicitor ensures fairness and compliance, avoiding delays and disputes.

A pension sharing order is a court order that divides pension benefits between spouses after divorce. It transfers a percentage of one spouse’s pension into the other’s name, ensuring both parties have retirement provision. This is often the fairest way to deal with pensions in divorce.

Not automatically nor is there an ability to pursue a general financial claim against them. If you separate any claim for financial provision has to be based on needs of the children or in respect of property to seek a share based upon financial contribution and.or common intention as to ownership. Legal advice is essential to understand your position.

The starting point is often a 50/50 split of matrimonial assets, but the court considers factors like children’s needs, income, housing requirements, and contributions. Every case is unique, so expert advice is crucial.

Pensions are treated as marital assets and can be shared through pension sharing orders, offsetting against other assets, or attachment orders. Ignoring pensions can lead to unfair settlements, so professional advice is vital.

Yes, if the pension was built up during the marriage, you may be entitled to a share. The court considers pensions as part of the overall financial settlement to ensure fairness.

Yes. Even if you agree on finances, you need a consent order approved by the court to make the agreement legally binding and prevent future claims. Without it, your ex could make a claim years later.

A clean break order is a legally binding court order that ends all financial ties between divorcing spouses. It prevents future claims on assets, income, pensions, or inheritance, giving you financial clarity and security after divorce.

Yes, if both parties agree on terms, you can negotiate a clean break through a solicitor and submit a consent order to the court for approval. This avoids a contested hearing but still makes the agreement legally enforceable. Without court approval, your agreement won’t stop future claims.

You’re not legally required to use a solicitor, but it’s strongly recommended. A solicitor ensures the order is correctly drafted, covers all assets (including pensions), and is accepted by the court. DIY orders risk rejection or leaving you exposed to future claims.

Without a court-approved settlement, your ex can make claims years later on property, inheritance, business profits, or even lottery winnings. A clean break order closes the door to future claims and protects your financial future.

Yes, once approved by the court, it becomes enforceable and prevents future financial claims.