Property and finance on divorce/separation

We can guide you through the challenging and daunting process of sorting out your financial arrangements on divorce having considerable experience in all forms of settlement from low income cases to complex high net worth clients, involving pensions trusts and businesses. We will work closely and tirelessly to help you achieve a fair split of the family assets.  Our commercial, litigation and private client teams often assist in providing additional advice and expertise.  Sometimes couples can agree a fair split between themselves, but the more complex the situation the more you will need professional advice.

The aim of the Court is to achieve fairness. If you cannot agree on what is there a Court will impose a decision on you. Judges have a very wide discretion and can make a number of orders having regard to fairness with the priority given to the interests of the children.  The court can make orders for transfer of property, lump sums, maintenance, and pension sharing.

Judges look at all circumstances of the case including all financial resources, the value of your home, your mortgage, incomes, savings and pensions.

The judges look at the needs of both of you and your children – the need for a home and an income to cover day-to-day expenses.

To consider all of the circumstances of the case and needs, the first step is to consider all your financial resources.  This is called “financial disclosure” with each having a duty to be open and honest in disclosing all assets and income.  Once disclosure is received the court will consider three main principles; sharing, needs, and compensation.  We can explain how each of these impacts upon your individual case.

We can advise on immediate financial issues such as maintenance or the preservation of assets pending a divorce, and the relevance and valuation of family businesses and pensions.  We can advise on the instruction and use of other expert professional such as Independent Financial Advisors, Accountants Pension Actuaries and valuers where appropriate.

Please see our Finance Settlement procedure sheet.