Dividing finances fairly is our specialism. Assessing assets, employment circumstances, property, and the parties and any children’s needs and many other factors is a complex issue to resolve, so our family team focus on making this negotiation as transparent as possible.
Our approach is to achieve a balanced arrangement that leaves our clients in a beneficial position for the future.
Our lawyers are market leaders in advising clients with their intricate understanding of the relevant legal principles they have gained through exposure to a variety of cases from the straightforward to the highly complex. They ensure pragmatic advice and a careful strategy are prioritised at the outset of any case to ensure our clients achieve their best outcome.
We pride ourselves on being specialists in weighing up the many factors, and negotiating a financial outcome that’s fair, timely and clear.
Sorting out the finances is often the hardest part of a divorce, and the part that shapes your future. We help you get it right.
When a marriage ends, dividing the finances is usually the most important, and the most anxious, question: who keeps the home, how savings and pensions are split, whether there is maintenance, and how you will both move forward. Getting a fair settlement, and making it legally binding, protects your future and lets you move on with certainty.
Our family solicitors guide you through the financial side of divorce with clear, practical advice, always looking first to resolve matters by agreement, through negotiation or mediation, rather than a contested court battle. Where court is necessary, we are experienced and effective. Our aim throughout is a fair outcome, reached with as little conflict and cost as possible.
What counts, and what the court considers
A financial settlement looks at everything the couple has: the family home and any other property, savings and investments, pensions, businesses, income and, sometimes, inherited or pre-marital wealth. The starting point is often an equal sharing of what was built up during the marriage, but the outcome is shaped by a range of factors.
The court, and any settlement, must consider each person’s needs and resources, the welfare of any children, the length of the marriage, earning capacity, and the standard of living, among other things. We explain how these apply to your situation and what a fair outcome is likely to look like.
Full and frank financial disclosure
A fair settlement depends on both people being open about their finances. Each of you has a duty to give full and frank disclosure of your financial circumstances, usually by completing a financial statement known as Form E and providing supporting documents. This is the foundation of any settlement.
We help you prepare your disclosure, review your former partner’s, and identify where more information is needed, so the settlement is built on a complete and accurate picture. You can read more on our Form E and financial disclosure page.
Pensions, maintenance and the family home
Some assets need particular care. Pensions are often among the most valuable, and most misunderstood, assets in a marriage, and dividing them fairly takes expertise. Maintenance, whether for a former spouse or for children, provides for income going forward. And the family home raises its own questions of who stays, who goes, and how value is realised.
We advise on each of these, so nothing important is overlooked. You can read more on our pensions and maintenance pages.
Sorting out the finances on your divorce?
Whether you need to sort out the finances, understand Form E, or simply know how divorce works, our family team will explain it clearly and guide you through.
Resolving it: agreement, mediation or court
Most financial settlements are best reached by agreement, which is quicker, cheaper and less painful than a court fight, and leaves you in control of the outcome. Negotiation, mediation and other forms of dispute resolution can all help you get there, and as a firm with experienced family mediators, we can guide you to the right approach.
Where agreement genuinely cannot be reached, the court can decide, and we will represent you effectively. But we always look first for the most constructive route.
Making it binding: the consent order
Reaching an agreement is not the end of the story. To be legally binding and final, a financial agreement must be made into a consent order approved by the court. Without one, financial claims can be reopened years later, even long after the divorce. A properly drafted order gives you certainty and, often, a clean break.
We draft the consent order and see it through the court, so your agreement is secure. You can read more on our consent orders page.
Frequently asked questions
How are finances divided in a divorce?
There is no fixed formula. The starting point is often an equal sharing of what was built up during the marriage, but the outcome is shaped by factors including each person’s needs and resources, the welfare of any children, the length of the marriage, and earning capacity. We explain how these apply to you and what a fair outcome is likely to look like.
Called ‘the section 25 criteria’, the court considers a number of circumstances to determine the right division of assets and distribution of incomes, and that rightly begins with the welfare of any children under the age of 18 that may be affected.
Otherwise, the main factors are capital and income resources, both present and expected, living standards, age and length of marriage, any disabilities, conduct, and any benefits the other partner may lose from the divorce, such as a pension.
Do I have to go to court to sort out the finances?
No, and most people do not. Financial settlements are usually best reached by agreement, through negotiation or mediation, which is quicker, cheaper and less stressful, and keeps you in control. Court is there when agreement genuinely cannot be reached. We look first for the most constructive route, and can represent you in court if needed.
Is our financial agreement legally binding?
Not until it is made into a consent order approved by the court. An informal agreement, even in writing, can be reopened later, so a consent order is essential to make the settlement final and binding and to achieve a clean break. We draft the order and see it through the court for you.
