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Divorce Financial Settlement Solicitors

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Divorce or separation can be distressing, especially when finances are a concern. Our Solicitors can guide you through the financial process and provide essential advice.

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Divorce financial settlement FAQs

During the divorce negotiations, you and your partner will find that there are some things you agree on and others you don’t. Mediation can be a useful way of helping you make the best decisions.

Once you have got to the end of the road with those discussions (either with a set of terms for the court to approve, or with the realisation that you need a judge to step in and make financial decisions for you), it is best to apply to the court straight away. There is no deadline for making a financial application, but delay could affect the amount awarded.

Friends and family are quick to rally round during a divorce and they will probably give you well-meaning advice based on their own experiences. What happened to them won’t necessarily happen to you – in fact, it is very unlikely that your circumstances will be identical.

Every divorce case is assessed differently by the court. Judges have complete discretion as to how to divide financial assets, and there is also no standard formula to apply. If you and your partner relinquish control of the decisions, bear in mind that it can be very difficult to predict how a court will deal with your assets.

The court must consider all of your circumstances, beginning with the welfare of your children, including stepchildren who are under the age of 18.

However, just because the children’s needs are considered first, it doesn’t mean they will be the most important factor; there will be a whole range of issues to be sorted out one-by-one.

It is rare for the financial aspects of any marriage to be entirely equal, and this is taken into account when it comes to formalising the divorce. The court will be keen to make sure that the outcome is fair. It does this by considering the needs of each party, the compensation to which they may be entitled, and their duty to share.

Courts are very reluctant to factor into their decision-making the reasons for the marriage breakdown. Only in exceptional cases will they take into account “bad behaviour” during the marriage; generally, where it would be impossible to ignore. One example is where a husband who had attempted to murder the wife was left with only a small percentage of the assets. Excessive gambling by one party may also be taken into account, but you shouldn’t count on a husband or wife who has cheated, for instance, having less out of the financial settlement because of that.

Courts are very reluctant to factor into their decision-making the reasons for the marriage breakdown. Only in exceptional cases will they take into account “bad behaviour” during the marriage; generally, where it would be impossible to ignore. One example is where a husband who had attempted to murder the wife was left with only a small percentage of the assets. Excessive gambling by one party may also be taken into account, but you shouldn’t count on a husband or wife who has cheated, for instance, having less out of the financial settlement because of that.

Pensions were often overlooked in dividing financial assets. However this is not the case nowadays and they are often the most significant asset to be considered. Normally pensions are divided between the parties to the marriage but some – the basic state pension, for example – may not be shared.

Spouses who have divorced and remarried one another (it does happen!) may not have a second pension share against the same scheme if they divorce for a second time. However, where a pension has already been shared in a previous marriage, there is nothing to prevent it being shared after a second divorce.

Non-matrimonial property could be an asset inherited or gifted to one party. It could also be something acquired before the marriage, or brought into the marriage by the husband or wife.

This sort of property is not necessarily ring-fenced. If it is not of great value, was not acquired a long time ago, or has become mixed up with matrimonial property during the marriage then the court is likely to share it between the parties. In any event, if the needs of the parties can only be met by taking into account non-matrimonial property then it will still be shared. This is because when it comes to divorce settlements, needs are usually more important than contributions.

It is possible to obtain an interim order for maintenance as soon as the divorce proceedings begin even though financial matters have not been resolved. This is called “maintenance pending suit” and will last until the final order is made. These applications are often made when the primary earner leaves and makes no payment to the other person and the children, meaning they are unable to pay essential outgoings.

It is important to air all of the issues during the financial proceedings. Once an order has been made (whether by consent or decided by a judge) it can be difficult to change. There are only limited circumstances in which a court will consider an appeal or an application to set aside, for example fraud or where one party has not fully disclosed their assets. Both parties are subject to a duty to provide full and frank disclosure.

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29 Aug 2025

Miya Smith did an excellent job on the…

Miya Smith did an excellent job on the conveyancing for the sale of our farm. She was great at communicating and prompt at replying to our queries, speaking on the phone whenever that made the process simpler or faster. I would have no hesitation in recommending her to anyone looking for a professional and approachable solicitor.


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Conveyancing (Sale and Purchase)

We instructed Eric Robinson (Sarah Hogarty) for the sale of our house and purchase of a new property. Sarah and the legal team were fantastic throughout the whole process. Professional conveyancing with clear communication.


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27 Aug 2025

An exceptional experience

Emma Gillespie was brilliant when dealing with both the sale of my property and the purchase of our new house. She was meticulous, efficient and kept me informed of new developments every step of the way. I would not hesitate to recommend her and Eric Robinson Solicitors to anyone.


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22 Aug 2025

Bitterne Branch

I dealt with Michelle in the Conveyancing Dept. To say she is she is fantastic would be a vast understatement! I have worked with numerous solicitors over the years and never with one who was so proactive as opposed to being reactive. It was quite a lengthy chain but we were kept updated throughout and nothing seemed too much trouble. Could not recommend her services enough!


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19 Aug 2025

We are so impressed

We are in the process of buying our first home, my whole family have used eric Robinson in the past and I’m glad we have used them! Our solicitor Hannah has bent over backwards for me my husband and 2 girls, I can’t wait to give them their own rooms! This was my dream for them and I have actually achieved it! Im so thankful to Hannah for helping make it possible. Thank you 😊 x


Jenny Horwood
15 Aug 2025

Hazzra was absolutely outstanding – truly an asset to Eric Robinson!

I was amazed at how smoothly and quickly the purchasing process was handled. After a previous bad experience with another firm, where I had to pull out of a purchase due to poor service, I was honestly nervous to start again. But Hazzra completely restored my faith in the conveyancing process. From start to finish, she provided clear and continuous updates, ensuring I understood every step of the transaction. Her professionalism, efficiency, and genuine care made what could have been a stressful process feel effortless. Without a doubt, I will be requesting Hazzra for all future property purchases as well as recommending to friends and family. Thank you once again for your exceptional work – you’ve truly made this experience a pleasure!


izzy palmer
29 Aug 2025

Miya Smith did an excellent job on the…

Miya Smith did an excellent job on the conveyancing for the sale of our farm. She was great at communicating and prompt at replying to our queries, speaking on the phone whenever that made the process simpler or faster. I would have no hesitation in recommending her to anyone looking for a professional and approachable solicitor.


customer
28 Aug 2025

Conveyancing (Sale and Purchase)

We instructed Eric Robinson (Sarah Hogarty) for the sale of our house and purchase of a new property. Sarah and the legal team were fantastic throughout the whole process. Professional conveyancing with clear communication.


Ryan Mead
27 Aug 2025

An exceptional experience

Emma Gillespie was brilliant when dealing with both the sale of my property and the purchase of our new house. She was meticulous, efficient and kept me informed of new developments every step of the way. I would not hesitate to recommend her and Eric Robinson Solicitors to anyone.


Sarah
22 Aug 2025

Bitterne Branch

I dealt with Michelle in the Conveyancing Dept. To say she is she is fantastic would be a vast understatement! I have worked with numerous solicitors over the years and never with one who was so proactive as opposed to being reactive. It was quite a lengthy chain but we were kept updated throughout and nothing seemed too much trouble. Could not recommend her services enough!


Trudy
19 Aug 2025

We are so impressed

We are in the process of buying our first home, my whole family have used eric Robinson in the past and I’m glad we have used them! Our solicitor Hannah has bent over backwards for me my husband and 2 girls, I can’t wait to give them their own rooms! This was my dream for them and I have actually achieved it! Im so thankful to Hannah for helping make it possible. Thank you 😊 x


Jenny Horwood
15 Aug 2025

Hazzra was absolutely outstanding – truly an asset to Eric Robinson!

I was amazed at how smoothly and quickly the purchasing process was handled. After a previous bad experience with another firm, where I had to pull out of a purchase due to poor service, I was honestly nervous to start again. But Hazzra completely restored my faith in the conveyancing process. From start to finish, she provided clear and continuous updates, ensuring I understood every step of the transaction. Her professionalism, efficiency, and genuine care made what could have been a stressful process feel effortless. Without a doubt, I will be requesting Hazzra for all future property purchases as well as recommending to friends and family. Thank you once again for your exceptional work – you’ve truly made this experience a pleasure!


izzy palmer
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