Finances in divorce

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We can help you secure your  finances in divorce

In divorce the division of assets can be a stressful process. Our team of solicitors understand the best ways to protect your money and offer practical legal advice to help you secure your finances.

If you’re going through a divorce a serious concern could be how it will affect  you financially. Our team of solicitors know how to help you secure your fair share of assets during any divorce proceedings.

How we can help with the division of assets

There are many different areas to think about when separating your finances. Our experienced team can help you through this difficult time with their specialist advice. Some common areas that we help people with on a daily basis are:

Settling financial disputes

Faced with relationship breakdown most people feel powerless to resolve the complicated financial problems it causes. How do you secure a fair financial settlement, especially when you may not be on good terms with your partner? Find out about settling financial disputes.

Maintenance payments

We’ll invest the time to understand your unique personal circumstances and help you to secure a fair agreement on maintance payments. Together we can explore the best strategy for you and then action this on  your behalf. Find out how we can help you with maintenance payments.

Dividing the family home in divorce

The family home is such an important part of your life together, but what happens to this in divorce? Sometimes it is a case of dividing the assets of the house. Sometimes its about securing it for the benefit of children. Whaever you want to do with, we can help and advise so your can achieve the best solution for you and your family. Find out how you can divide the family home during a divorce.

Pensions in divorce

Your pension could well be the most valuable asset in your marriage. We work closely with pension actuaries to make sure you receive what you are entitled to in the final pension split. Start to plan your future life and find out more about pensions in divorce.


Settle financial disputes with our expert divorce solicitors

‘Our specialist lawyers look into all areas of your finances to make sure you get a fair financial outcome”

You want to be sure that when you’re going through a separation you get the best divorce advice you can. Our solicitors are highly experienced and are specialised in complicated and high value divorce financial settlements as well as more straightforward cases.

Using a constructive and collaborative approach

At this difficult time our family team can help you and your partner separate your lives in an amicable way and provide pragmatic divorce settlement advice which is fair. We are advocates of using negotiation and discussion to achieve the best results but will be there to support you in court if your case requires.

Divorce financial settlements may involve careful consideration of various assets including the family home, investments and pensions etc. We will advise you on how the courts divide income, assets and pensions depending on the specific circumstances of your case.

Contact us today for help with settling financial disputes during divorce.

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Securing maintenance payments after divorce

‘Agreeing maintenance payments can be difficult. Our experienced lawyers can help you reach a fair deal’

A common question our specialist divorce solicitors are asked is “Will I receive maintenance after divorce?” This can be a very worrying issue when splitting up with your partner.

We help you understand child and spousal maintenance law

Maintenance payments can be divided into two areas:

  1. maintenance for financial support for the children, and
  2. maintenance for the spouse (husband/wife)

Whether you receive maintenance after divorce or have to pay it, will depend on the overall circumstances of your case. As well as a comparison of incomes  we will also look at things like capital and savings as well the actual needs, or the  future earning potential.

Talk to our team of specialist family solicitors about managing your maintenance payments.

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Splitting the value of your home and dividing assets in divorce

‘We understand that your family home means much more than bricks and mortar to you’

Your home is the centre of family life. Some of the most upsetting questions in divorce are what will happen to the family home and how are other financial assets such as savings divided in the divorce or separation process? Deciding who gets the house in a divorce can be even more complicated when there are children. This is an area that our family solicitors are adept at dealing with.

How can you settle who gets which assets in a divorce?

The family home should not be looked at in insolation from all the other family assets. It is the value of the family assets as a whole and the needs and resources of the children and eachparty that will determine what happens to the family home.

Whether you and your partner have an amicable split or are going through a tougher time, our team of divorce lawyers can help you come to an agreement on your home, other properties or indeed any of your jointly owned assets.

Contact us today and we’ll help find a fair way to divide assets in divorce and will be there to support you with specialist advice at this difficult time.

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Ensuring a fair split of pensions in divorce

‘We want to make sure that you get what you are entitled to from the joint pension pot’

The arrangements and issues surrounding pensions in divorce are naturally complex. Neither you nor your partner will feel you should have to worry about how you’ll manage financially in retirement. This applies whether you’ve been bringing up children or building a career. So how do you settle on a fair split of pensions in divorce?

Helping you understand divorce pension rights

Divorce pension rights can be extremely complex. As your pension may be the most valuable asset in your marriage, you’ll need to consider the split carefully.

We work closely with pension actuaries to carefully analyse each element of the ‘pension pot’ to make sure it is correctly valued. This will give you more confidence to plan your future independently. Contact us today to understand how we can help you secure your pension.

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The Family team's credentials

What the team is known for: Highly experienced at taking on financial remedy cases. Focuses on settling issues through collaboration or mediation where possible, and through litigation if necessary. Active representing guardians in public law care proceedings. Strengths (Quotes mainly from clients): “They are highly skilled and committed professionals who work incredibly hard and diligently for their clients.” “They provided an excellent service in a very straightforward and non-technical way.” Notable practitioners: Richard Ellis (Band 2) enjoys a strong reputation for his public children expertise, and is also skilled at taking on matrimonial finance cases. He is hailed by one commentator as “phenomenally good and a great advocate.” Sharon MacDonald (Band 3) frequently represents high net worth clients on alternative dispute resolution proceedings, such as mediation and collaborative law, associated with complicated finance matters. One client reports: “She was very thorough – all the paperwork was correct down to the minutest detail. She obtained a wonderful result for me.” Jon Toogood (Eminent Practitioner) handles matrimonial finance issues in the context of divorce cases, and is a skilled arbitrator and collaborative lawyer. One client praises his “excellent technical knowledge, very good commercial awareness and very good bedside manner.” Katherine Lauder is a Recognised Practitioner.” Chambers 2017 South West

“What the team is known for: Well-known team in the Oxford market, with substantial experience in divorce and financial remedy matters involving complex assets. Also advises on public law children cases, including those involving allegations of non-accidental injury. Strengths (Quotes mainly from clients): “A really good outfit, and universally likeable.” Notable practitioners: Mark Phillips (Band 3) is experienced advising in divorce and financial remedy matters, especially those involving complex assets such as pensions and business interests. One source says of him: “He is very intellectually able, and has a pleasant, persuasive way about him.” Head of the Oxfordshire family team Simon Bassett (Band 3) is particularly active in matrimonial finance cases. One source reports: “I’ve been really impressed with his ability to think creatively around the financial cases, and to look for solutions that aren’t obvious.”” Chambers 2017 Oxford and Surrounds

“Royds Withy King is ‘one of Bath’s leading family law firms’ for collaborative law and mediation, and department head Richard Ellis has ‘a fantastic reputation’ in care proceedings. Also recommended are Sharon MacDonald and Jon Toogood, and newly promoted senior associates Katherine Lauder and Rebecca Stevens.” Legal 500 2016 South West

Simon Bassett is ‘a consistent high performer, particularly in matrimonial finance’. Legal 500 2016 South East


FAQs

It is always best to apply for something called a Financial Order by consent, even if your relationship with your ex wife / ex husband is amicable and you have reached an agreement.  Without a Financial Order, your agreement will not be final and binding and you will not be able to enforce it via the Family Courts.

Further, absent a Financial Order, your ex could make a claim against you in the future and may be keen to do so in the event that your financial position improve significantly (e.g. should you win the lottery, inherit some money, should your business become very successful).

The benefit of financial disclosure is that it clarifies what each spouse has and earns and by doing so it enables a fair settlement to be achieved. We will always advise you to proceed with exchange of financial disclosure before committing to a settlement.

Unless Court proceedings are pending, there is no obligation to proceed with exchange of financial disclosure but there are risks involved.  If you are considering a settlement without exchanging financial disclosure, we can discuss the risks involved and how to minimise them.

Not without an Order of the Court.

By your marriage you have right to live in your family home and we can help you make an application to Land Registry to further protect your right.

If your wife/husband has made an application to remove you from your family home and you do not think this is fair, please do get in touch to discuss how we can help.

This is not necessarily true – unless it is worded correctly to prevent an application to extend the term.


Contact us for a free, no obligation chat and we can begin the process and start to help you today.