What Is a Divorce Financial Settlement?
A divorce financial settlement is the legally binding outcome that decides how assets and liabilities are handled after separation. It’s an important part of the divorce because:
- Provides financial security: Provides clarity and stability for both parties post‑divorce.
- Prevents future disputes: A court‑approved order helps avoid costly claims years later.
- Legally enforceable: Meets legal requirements and sets out clear obligations.
A divorce financial settlement typically covers:
- Property (family home and other real estate)
- Savings & investments
- Pensions & retirement funds
- Business interests and shares
- Debts & liabilities
- Spousal maintenance and agreed child-related financial provisions
A court‑approved consent order (and clean break order if suitable) gives certainty and prevents future claims.
This process makes sure that both people get a fair share of the things they own together, like property, money saved, businesses, investments, and pensions/retirement funds.
If you and your ex-spouse or civil partner do not reach an agreement they could make a financial claim against you in the future.
Our divorce team works alongside our broader family law solicitors team to handle all aspects of relationship breakdowns.
How Our Divorce Solicitors Help
Whether you’ve agreed terms or not ex-spouse, we can:
- Draft and submit consent orders and clean break orders
- Negotiate robustly to avoid court where possible
- Represent you in financial remedy proceedings if needed
- Advise on pension sharing/offsetting, property transfers/sale, lump sums, spousal maintenance
- Handle business assets and international assets considerations
- Provide clear costs upfront with fixed‑fee options where available
If you and your ex-partner agree on how to settle your finances, our divorce financial settlement solicitors will draft a legally binding agreement for you. If you are unable to agree, we will advise you on negotiations and represent you in court if needed.
Appointments are available in person at our offices in Sheffield, Barnsley, or Rotherham, or remotely via phone or video call. We accept clients from across England and Wales.
Contact us or call us on 0114 2235 807 to book your free appointment today.
What’s Included in Your Free 30‑Minute Consultation
- A 30-minute in-depth meeting with a qualified family law specialist
- A clear understanding of your legal position and options
- A tailored roadmap for resolving your situation
- An estimate of costs if you choose to proceed
Appointments are available in person at our offices in Sheffield, Barnsley, or Rotherham, or remotely via phone or video call. We accept clients from across England and Wales.
Why Are Divorce Financial Settlements Important?
The division of divorce assets (matrimonial assets) is a critical aspect of any divorce. Ensuring a fair and equitable distribution of assets can have a significant impact on both parties’ financial well-being post-divorce. Here are some key reasons why asset division is essential:
Financial Security – Ensuring that both parties receive a fair share of the marital assets helps provide financial security for both individuals. This is especially important if one spouse was financially dependent on the other during the marriage.
Avoiding Future Disputes – By addressing all financial matters during the divorce process, both parties can move forward with a clean slate. This minimises the potential for ongoing legal battles and emotional stress, which can be costly and time-consuming.
Legal Obligations – Family courts have a duty to ensure that the division of assets is fair and in accordance with the law. A divorce financial settlement solicitor can help ensure that all legal requirements are met, and that the settlement is legally binding.
Additionally, a divorce solicitor can provide valuable insights into how the law applies to specific assets, such as a family businesses, international properties, or complex investment portfolios.
Our family teams’ expertise will ensure that your settlement is comprehensive and legally sound, reducing the risk of future legal challenges.
Types of Financial Orders in Divorce
- Consent Order – formalises an agreement and can include a clean break
- Clean Break Order – ends ongoing financial claims (where appropriate)
- Lump Sum Order – one‑off or staged payments
- Property Adjustment Order – transfer or sale of property
- Pension Sharing/Attachment/Offsetting – deals with retirement provision
- Spousal Maintenance/Periodical Payments or Maintenance Pending Suit
- Legal Services Payment Order – contribution towards legal costs in some cases
Find out more on What is a Financial Order in Divorce?
How Are Assets Split in a Divorce?
Courts aim for fairness—not necessarily a 50/50 split. Key factors include:
- Children’s welfare & housing needs (priority)
- Each party’s needs, income & future earning capacity
- Property, pensions, savings, investments, debts
- Length of marriage/civil partnership & contributions (financial and non‑financial)
- Age, health, and any disabilities
- Standard of living during the marriage
Our team prepares the right evidence and proposals to support a fair outcome.
Pensions & Divorce
Pensions are often among the largest assets in a divorce settlement. Options include pension sharing, attachment, or offsetting. We work with specialist actuaries where needed to protect your long‑term financial position.
Learn more on Pensions & Divorce
Online Divorce
If you’ve completed your online divorce application, it’s vital to understand that the process only legally ends your marriage—it does not resolve financial matters. Many people mistakenly believe that an online divorce includes a financial settlement, but without a legally binding agreement such as a Consent Order, your ex-spouse could make future claims against your assets, even years later.
To protect your financial future, ensure all property, pensions, and savings are formally divided. The government’s digital divorce service, introduced after no-fault divorce in April 2022, simplifies paperwork but does not cover financial arrangements. For complete peace of mind, seek expert legal advice to secure a binding settlement alongside your online divorce.
Our Divorce Financial Settlement Fees
Our divorce solicitors offer transparent and affordable prices to suit all financial circumstances. You will always be kept up to date with costs and they offer fixed fees for most areas, so you are always in full control.
Find a full list of our fees here.