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Disputes over finances

There are only two ways to resolve the financial issues in a divorce or separation: by agreement with your partner or by a judge reaching a decision after a trial.

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If financial matters cannot be reached by agreement, either of you can make an application to the court for the court to decide the issues (mediation should be attempted first). Following this, a timetable will be laid out leading to a final hearing when the judge will impose a settlement that he/she believes to be fair.

Our family law solicitors understand that this is likely to be a stressful time for you. We are here to make the process as straightforward as possible so you can start moving on with your life in financial security.

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Book a free appointment with our family law solicitors

Frettens are pleased to offer a free initial appointment for all new clients. We recognise the importance for clients of deciding whether they can work with a particular solicitor and to find out more about the process and likely outcome. Our family lawyers offer positive, down to earth advice, and we hope that this initial meeting allows you the time to see this as well.

Contact us if you would like a free initial appointment with a member of our Family Team at our Christchurch or Ringwood office, with no obligation or charge. Give us a call on 01202 980416 or fill in our simple online enquiry form.

You might also be interested in – Divorce – what am I entitled to?

How our family lawyers can help

However challenging it is to negotiate finances with your former partner, securing a settlement or a Financial Order is essential. The process of ending your marriage does not sever your financial obligations to your former partner. Without a settlement, they could make legal claims against you at any point in the future – even if this is not an issue now, what about if you receive an inheritance or win the lottery?

Our family law solicitors can help you resolve all types of financial dispute upon separation, no matter how complicated.

Personalised advice to suit your needs

Whether you need some support navigating challenging aspects of your divorce financial settlement or you need help resolving a full-blown dispute, we are here to assist you. Every divorce and finance case is different, not just in terms of the money and property involved, but in terms of you and your former partner’s communication styles, expectations, and concerns.

We can apply decades of combined experience to find a tailored resolution that works for you. We take a practical yet sympathetic approach with the aim of achieving a positive outcome that allows you to move on independently and with confidence.

Financial disclosure

Whichever way the financial issues are resolved, a key aspect is financial disclosure. You are both required to provide a full disclosure of your financial circumstances and needs to the other – usually, this information is presented in a document called Form E. You have to know what’s in the pot before you can begin deciding what represents a fair settlement. We are able to guide you through this difficult process, offering pragmatic and supportive advice at this challenging and stressful time.

Negotiating divorce finances

A dispute with your former partner over finances does not automatically mean you need to resort to court. We can help you navigate negotiations wherever possible to find a suitable compromise.

Due to our years of practical experience, we are often able to help individuals explore options that would not have otherwise occurred to them. For example, if your partner is reluctant to share their pensions with you, we can provide advice about other options such as pension offsetting which would ensure you receive a fair financial settlement while allowing your partner to keep the whole of their pension.

Alternative Dispute Resolution

Alternative Dispute Resolution processes are designed specifically to help individuals resolve legal issues without going to court.

At Frettens, our team of family lawyers includes qualified collaborative lawyers, Andrew Stynes and Simon Immins. Collaborative law involves attending a series of meetings with your former partner and your respective collaborative lawyers to negotiate family law issues, such as financial disputes upon divorce and separation. Your collaborative lawyer will be trained to provide legal advice during these types of meetings and negotiate on your behalf. You can also invite other professionals such as tax advisors and accountants to provide their input and help you come to an agreement.

We can also provide advice about mediation. Like collaborative law, mediation involves attending a series of meetings with your former partner to discuss family law issues. However, instead of a collaborative lawyer, you are joined by a qualified mediator. The mediator’s role is not to take sides or negotiate for you, it is to guide your discussions and help you defuse any conflict.

It is usually necessary to explore whether mediation is right for you by attending a MIAM (Mediation Information and Assessment Meeting) before you can apply to court for a Financial Order.

Court Financial Orders

The court has powers to make a wide range of financial orders for separating couples, such as:

  • Orders about the division of assets, including orders to sell or transfer property
  • Pension related court orders
  • Orders for interim and ongoing spousal maintenance

If an out-of-court settlement is not possible in your case, we can provide advice about applying for a Financial Order to settle your divorce financial proceedings. We will explain the process in clear, understandable language and provide advice on the best way to proceed. Our aim is to make the process as simple, cost-effective and stress-free as possible. However, our first priority will always be to secure the best outcome for you.

Book a free appointment with our family solicitors

Frettens are pleased to offer a free initial appointment for all new clients. We recognise the importance for clients of deciding whether they can work with a particular solicitor and to find out more about the process and likely outcome. Our family lawyers offer positive, down to earth advice, and we hope that this initial meeting allows you the time to see this as well.

 

    Frequently asked questions about finance disputes

    Who gets what in a divorce?

    For a marriage that is 15 years or more, the starting point for the Court is why should there not be an equal split of the assets.

    For marriages of less than 15 years, the starting point is that each party should walk away with what they took into the marriage.

    However, the factors set out below may slide this scale and alter those positions.

    Read more here.

    What can be claimed for in divorce?

    When a couple are separating, either party can apply for a financial order. The orders available to the parties are:

    • Spousal maintenance
    • Lump sum
    • Property adjustment orders (altering the ownership of property)
    • Pension sharing orders

    It is worth noting that petitioning for divorce on the basis of adultery or unreasonable behaviour will have no effect on any financial settlement. In very limited circumstances, behaviour of one of the parties can be taken into account but it must be extreme. 

    You can read my colleague Simon Immins' article on unreasonable behaviour as grounds for divorce here.

    How much do you get in divorce?

    What a party might be entitled to on divorce depends on the length of the marriage and the factors that are set out in section 25 Matrimonial Causes Act 1973. The factors are:

    • income, earning capacity, property and other financial resources 
    • financial needs, obligations and responsibilities
    • the standard of living enjoyed by the family before the breakdown of the marriage
    • the age of each party to the marriage and the duration of the marriage
    • any physical or mental disability
    • the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family
    • the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it
    • the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring

    Who gets he house in a divorce?

    The parties can decide between themselves what happens to the house. If neither party can buy the other out, or agree as to what will happen, then the property will need to be sold.

    One important factor to consider here is if there are any children of the family who are under the age of 18 and who are still living in the house. The Court will consider the needs of the children and they will often try to keep the children in the property where possible.

    The property of the husband and wife is split into two categories: matrimonial property and non-matrimonial property. The matrimonial property is what is called the “matrimonial pot” and is to be split and sorted between the husband and wife.

    Read more here.

    What is a financial order?

    A Financial Consent Order, now known as a Financial Remedy Order, sets out the financial agreement between parties who are separating or divorcing. I look at what can be awarded in a financial order in my article Divorce - what am I entitled to? here.

    How does a financial order work?

    A Financial Consent Order creates a legally binding financial agreement between parties that can be enforced in the event that a party breaches a term set out in the Order.

    Once it is approved, it can be very difficult to change and neither party can make a new claim against the other.

    Either party can take the agreement back to Solicitors/Court in order to enforce any of the terms under the agreement in the event that they are not fulfilled.

    It creates a financial separation between the parties.

    Contact us if you would like a free initial appointment with a member of our Family Team at our Christchurch office, with no obligation or charge. Call on 01202 499255 or fill out the form on the right.

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