Finances on divorce & dissolution

Our specialist family lawyers are experienced in negotiating financial settlements following a divorce/dissolution, as well as acting for clients in financial remedy proceedings. We provide fair and pragmatic advice that is easy to understand and tailored to your individual circumstances.

If you decide not to commence divorce proceedings immediately, but still wish to address financial matters with your spouse or civil partner, we can advise you about Separation Agreements and can assist with drafting and negotiating the terms of a Separation Agreement.

If we get divorced, does that resolve the finances?

Unfortunately, the divorce is just one part of the process and the finances are another. You can be divorced but the financial claims between you remain open until they are dismissed by the court, either by agreement or following contested court proceedings. If financial matters are left unresolved, either party can claim an interest in their ex-spouse’s assets at a later date, which is why it is important to resolve the finances properly at the time of the divorce.

Do we have to go to court to resolve the finances on divorce/dissolution?

It is not always necessary to go to court to resolve financial matters on divorce / dissolution. Our family lawyers will help consider your financial resources and needs, and those of any children involved, and discuss with you the most appropriate way of addressing the financial issues in your case. This may be through mediation, collaborative law, voluntary financial disclosure between lawyers, arbitration or, in some cases, through an application to the court for financial orders.

We will be able to provide you with clear and pragmatic advice about the financial claims available to married couples and civil partners including claims for periodical payments (maintenance), lump sums, orders in respect of property ownership and pensions. Our team are also able to advise in relation to claims for child maintenance, making claims through the Child Maintenance Service and financial claims for children.

I don’t know anything about the finances as my spouse dealt with it all, what do I do?

This can seem overwhelming, especially when it feels as though you are in a financially vulnerable position. Getting advice at an early stage is crucial. You and your lawyer can make a plan and get the process on the right track to start with. Rest assured that many people do not know all of the detail of their family finances, but the information can be obtained through agreement or the court process if necessary. There is a duty upon both parties to provide full and frank financial disclosure in these circumstances. In certain cases, the courts can order third parties to provide information.

We have reached a financial agreement ourselves. Do we need to do anything to formalise it?

It’s really positive that you have been able to reach an agreement, but you need to ensure that the agreement is properly documented to safeguard you both. The best way to do that is by way of a financial consent order, setting out your agreement in a legal format and then approved by a judge as a court order to make it legally binding. It does not normally require any attendance at court. Before you agree a financial settlement, it is sensible to take some legal advice to ensure that the terms under discussion are fair and reasonable.

Family-related legal issues can often be emotionally challenging and complex. Our team are experts in dealing with these matters and are here to guide and support you every step of the way. Our family and divorce lawyers help client across Kent, London and the South East. We advise on a full range of family legal services, from divorce/dissolution and related financial settlements to the arrangements for children and associated children matters. We also advise unmarried couples on the breakdown of their relationships.

We have particularly extensive experience in supporting high net worth individuals, dealing with matters involving complex asset structures and international elements. We help clients put in place nuptial or living together agreements, and advise on steps that need to be taken to protect our clients in need of or responding to injunctions.

Our team of family lawyers are legal professionals who are renowned for offering practical, clear and common sense advice and for providing compassion, empathy and a steadying hand in even the most unusual and complex of circumstances.

Our expert family and divorce lawyers in Kent are leaders in their field and our Family department is regularly recognised in rankings such as The Times’ ‘Top Law Firms’, Spear’s 500 Family Law Index and ePrivate Client’s Top Family Law Firms. We are also ranked as Band One in the Chambers legal directory and as Top Tier in the Legal 500.