Financial Settlement Divorce Lawyers

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Divorce Financial Settlement Lawyers

Financial Settlement Divorce Lawyers Berkhamsted, Amersham & Beaconsfield

Advice on divorce financial settlements from experienced divorce solicitors in Bucks, Berks, Herts & Middlesex

Breakthrough Family Law Solicitors
Breakthrough Family Law Solicitors Team

At Breakthrough Family Law, we are experts in dealing with financial matters after the breakdown of a relationship. Our team has in-depth experience of all the financial aspects of divorce. We only deal with family law, meaning we have genuine legal expertise and understanding and can work on your behalf to obtain the financial security you need for your future. A solicitor can also advise your legal rights as a man or women when facing a divorce. 

To make a free enquiry about Financial Settlements, call us now on 01494 776 696 or Make An Online Enquiry and we will get back to you right away.

Our intention was to agree an amicable settlement out of court. Catherine mediated very well and I must say, was very professional throughout.

R Jones

How do you obtain a financial settlement on divorce?

court proceedings, financial disclosure

A financial settlement can be encompassed into a Financial Order of the court which sets out in a legally binding document how your assets and income will be divided when you divorce.

Assets such as the family home, savings and pensions will be taken into consideration.

Financial information from both you and your spouse will be disclosed and we will negotiate on your behalf to try and reach a fair settlement as to how your financial assets will be shared.

Do I need to go to court to obtain a divorce financial settlement?

Most financial settlements are made without the need to go to court. When a financial agreement cannot be reached with your spouse, then mediation can be a useful option. A trained mediator can help you both consider the position realistically and help you try and reach a divorce financial settlement that is acceptable to you both. If mediation is not an option or a preference, then we can help you with this without going to court.

Once you have reached an agreement, the details can be set out in a document and sealed by the court so that it becomes legally binding. The majority of financial settlements are made in this way.

If you are unable to reach an agreement, then an application can be made to court, where we can ask the court to make an order dividing your assets and dealing with other financial issues such as pensions. When considering what order to make, the judge will look at factors such as the length of your marriage, the assets involved, the needs of any children of the marriage, the needs of you and your spouse, the earning capacity of each of you, your ages and whether you are in good health.

What is the time limit for agreeing a financial settlement before and after divorce?

There is no time limit for agreeing on a financial settlement and if this is not agreed at the time of the divorce, it is open to either party to raise it at a future date. However, it is advisable to obtain legal advice on this point at an early stage, as everyone’s circumstances are different. It may be beneficial to you to settle earlier rather than later.

The duration of a divorce financial settlement in the UK can vary significantly depending on various factors, such as the complexity of the financial assets involved, the level of cooperation between the parties, and the backlog of cases in the court system. On average, an uncontested divorce financial settlement can take around 4 to 6 months to finalize after the divorce petition has been issued.

Can I obtain a decree absolute before agreeing to a financial settlement?

It is generally recommended that a decree absolute, which legally ends a marriage, is not applied for until financial matters have been agreed upon and you have obtained a legally binding financial order from the court.

There are a number of reasons why it may be wise to wait until financial issues have been agreed and it is important that you seek legal advice as to whether it is right for your circumstances.

In the event that your ex dies during the financial negotiations, you would often be in a much stronger position if you are still married to them.

Can I obtain a divorce without reaching a financial settlement?

While it is possible to divorce without putting a financial settlement in place, it is usually advisable to put financial matters on a legal footing to ensure that your position is secure. If you do not have a legal agreement in place, then it will be open to your spouse to make a financial claim several years down the line.

If you agree to a ‘clean break’ settlement with your spouse, then you can face the future knowing that you will not have financial claims made against you at a later date.

Serving family law clients across Bucks, Berks, Herts & Middlesex

Our specialist family law solicitors serve clients across Bucks, Berks, Herts and Middlesex. We can advise you in respect of your financial settlement and discuss your options and the best course of action with you.

Some clients work with us remotely, others we can visit at home or they can visit our offices in Amersham, Beaconsfield, Berkhamsted, Chesham, Chorleywood, Gerrard’s Cross, High Wycombe, Rickmansworth or The Chalfonts.

Wherever you are, let Breakthrough Family Law provide you with the specialist advice that you need. Your circumstances are unique, and we can advise you on what is best for you, the right action to take, process and procedure so that you can make decisions about what to do from here. Divorce proceedings is a highly stressful significant event and we can support and guide you through it.

Make An Enquiry Today to speak to our divorce financial settlement solicitors

At Breakthrough Family Law we have an excellent track record of success in obtaining substantial financial settlements on divorce for our clients.

If you are going through a divorce and you would like to speak to an expert solicitor to find out more about divorce settlements, call us now on 01494 776 696 or Make An Online Enquiry and we will get back to you right away.

We inspire trust and confidence in our clients by offering high-quality advice in a clear, straightforward and compassionate manner and working tirelessly to achieve the right result.

I had no hesitation in recommending Breakthrough to my friend. I only wish I had used them myself… They had acted for my ex-husband!

A Garland

More Financial Settlement Advice

Financial Settlement Frequently Asked Questions

The Court fee for applying for a financial consent order is £58. However, you ought to have the consent order drafted by a solicitor experienced in family law. The solicitor’s fees will likely depend on the complexity of the agreement.

Although there is no requirement to have a solicitor, it is highly recommended that the financial consent order is drafted by a solicitor as it needs to be in legal terms and meet the court’s specific requirements.

The time it takes for a court to approve a financial consent order will depend on the court’s current workload and processing times. However, on average it can take the court 4-6 weeks to consider a financial consent order.

Although it is possible to get divorced without a financial order, there are implications to this and it is not usually recommended. It is highly advisable to obtain a financial order during the divorce.

If a judge is not satisfied that the terms of a financial consent order are reasonable and fair, they may refuse to make the order. The judge would usually set out their reasons for rejecting it and could request changes to the consent order or ask for clarification.

A clean break order is a financial consent order that you would need to apply to the court for. While there is no requirement to have a solicitor, it is recommended that it is drafted by a solicitor experienced in family law to ensure it meets all the required legal provisions.

There is a fixed court fee of £593 to process a divorce. You would need to pay this fee to the court when the divorce application is made to start the process. If you need to consult a solicitor, there would be additional costs for their advice.

It is not advisable to sell your family home until after you have obtained a legally binding financial order from the court as. If you do, you could be exposing yourself to certain risks and challenges.

Depending on the reason of ignoring a consent order, you could lose your freedom and face financial loss. If you ignore a consent order or deliberately breach its terms, you should seek legal advice from a family law specialist immediately.

The simple answer is YES! However, it is not a simple answer as consent orders are meant to be final. To overturn a financial consent order, the party seeking to do so will have to establish compelling reasons to do so.

Typically, each party will be entitled to 50% of the matrimonial assets. However, entitlement will be dependent on the individual circumstances of the marriage.

It costs £58 to file a financial order with the Court. Solicitors’ fees for carrying out the work will depend on individual firm.

In Theory YES. However, there are methods to prevent a former spouse from receiving inheritance money.

The assets that cannot be divided during a divorce are those that are classified as separate properties and debts.

If you are married, a Court can determine the outcome of your house in a divorce.

In general, household bills should be paid in the same manner as they were before for the period between separation and divorce.

Unless approved by the Court, a consent order is not legally binding. Once approved by the Court its terms become binding and enforceable by a Court of law.

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