Disentangling your finances from those of your ex-partner and reaching a financial settlement can seem like a daunting task when you are recently separated or going through divorce proceedings.
Our team of Divorce Solicitors know that a ‘one size fits all’ approach does not work when negotiating a financial settlement. We look at your circumstances, the available assets and resources and your needs to make sure you receive a fair financial settlement.
Our Family Law team has expertise in advising on complex financial settlements and high-net-worth divorces. We provide exceptional personal service combined with decades of legal experience.
Initial Telephone Discussion
Our highly experienced solicitors will provide expert advice and assist you. Please call us for an initial no-charge discussion to discuss your requirements on 01256 460830 or email us at [email protected].
If you are worried about reaching a financial agreement over the division of your assets, our Family Law Solicitors can help with:
- A Separation Agreement – if you are able to reach an agreed financial settlement before starting divorce proceedings.
- An agreed Financial Consent Order – if you are able to come to an agreement with your ex-partner without a contested Court application.
- Converting a Memorandum of Understanding reached in Family Mediation into a binding Financial Court Order.
- Representation in financial proceedings for the Judge to determine the appropriate Financial Court Order.
- Implementing a Financial Court Order, for example, ensuring a Pension Sharing Order is put in place by pension administrators.
- Enforcing a Financial Court Order if a spouse is refusing to co-operate with the Order.
- Varying the terms of an Order if you want spousal maintenance to be increased, decreased, to stop or you want to capitalise spousal maintenance payments or achieve a clean break to prevent further variation applications
What Financial Orders can be made?
Family Law Solicitors can negotiate and agree the terms of a Financial Consent Order or a Judge can order:
- Payment of a lump sum from one spouse to the other spouse.
- Pension Sharing Order so one spouse transfers a percentage of the value of their pension fund to the other spouse. The percentage can range from 1 to 100%.
- Spousal maintenance payments – these can be payable for ‘life’ or time limited.
- Sale of the family home.
- The continued occupation of the family home until a deferred event, such as the youngest child reaching 18. This type of Order is referred to as a Mesher Order.
- The sale or transfer of investments or shares or orders relating to a family business.
- Transfer of the family home from joint names or the sole name of one spouse to the other spouse.
The type of financial settlement you receive depends on a wide range of statutory factors.
In financial proceedings, the Court will try to reach what it considers to be a fair financial settlement. The Judge will use an equal division of assets as a starting point, but will then look to see if there are reasons to depart from equality so you may get more or less than 50%. Our expert Divorce Solicitors can look at the likely financial settlement options with you and explain why a Court might depart from an equal division in the circumstances of your case.
If you or your spouse has an interest in a business, then the business asset may be treated as a family asset, depending on the circumstances. Family Law Solicitors can advise on whether business assets are likely to form part of the ‘matrimonial pot’.
Where a divorce financial settlement involves a business, the likelihood is that it will need to be valued by a Single Joint Expert agreed by both parties or appointed by the Court. Even if the business is valued it does not necessarily mean the Court will order the sale or transfer of shares in the business as the Court could offset the value of the business when making lump sum or other Orders.
Our specialist Family Lawyers have substantial experience in financial settlements involving business assets. Our team can help with expert legal advice on your financial settlement options.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our Divorce Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion to discuss your requirements on 01256 460830 or email [email protected].
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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