Home Personal Legal Services Family Law Divorce Financial Settlement

Divorce Financial Settlement Solicitors

Free initial divorce consultations with our family law experts

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.

Family Law Icon

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.

Can’t see what you’re looking for?

Send us your questions via the contact form and we will be happy to assist.

How can we help?

We’re here to offer family legal advice you can count on

See what our customers say…

Excellent

Based on 497 reviews
23 May 2025

Excellent client service

From the start, everyone dealing with the various avenues of our file was informative, approachable and readily available for queries. I’m sure every case has its ‘problems’ but despite ours, it was never an issue. The least I can say is that I knew I was in safe hands.


Carolyn
19 May 2025

Will

Lovely welcoming professional team. Have helped me massively, definitely would recommend if you need support or advice.


Tim
14 May 2025

Mark Ellison has been the most

Mark Ellison has been the most, kind, considerate, compassionate person in this field I have ever come across, all the time I spent sending e mails, asking questions, sometimes just baring my soul to this gentleman. I would recommend him to all. I am honoured that he is my solicitor. And he completed a very difficult, probate of a very dear friend, and thank you.


Hayley
17 Apr 2025

Samantha at Eric Robinson was attentive…

Samantha at Eric Robinson was attentive and made the whole house buying process feel not stressful! I cannot thank them enough!


Joelle Salje
15 Apr 2025

Would happily recommend!

Chantelle supported us fantastically well during the recent purchase of my wife & I buying our 1st home! Her advice was clear & she was persistent in her efforts to move at pace in line with our ambitious completion date by the end of March. Thank you so much for your help & support that made a potentially stressful situation turn out positively. We would happily recommend Chantelle & Eric Robinson Solicitors to anyone in future!


Simon
09 Apr 2025

I recently completed the purchase of a…

I recently completed the purchase of a property with the help of Eric Robinson Solicitors, and I couldn’t be happier with the service provided. Sarah Hogarty kept me well informed at every stage and was extremely professional, helpful, and responsive. The entire process was handled smoothly, with clear communication and attention to detail. I also appreciated the prompt follow-up after completion, including updates about registering the property and the legal charge. Overall, I felt supported and confident throughout. Highly recommend their services to anyone looking for reliable and efficient conveyancing support.


Mahender Singh
23 May 2025

Excellent client service

From the start, everyone dealing with the various avenues of our file was informative, approachable and readily available for queries. I’m sure every case has its ‘problems’ but despite ours, it was never an issue. The least I can say is that I knew I was in safe hands.


Carolyn
19 May 2025

Will

Lovely welcoming professional team. Have helped me massively, definitely would recommend if you need support or advice.


Tim
14 May 2025

Mark Ellison has been the most

Mark Ellison has been the most, kind, considerate, compassionate person in this field I have ever come across, all the time I spent sending e mails, asking questions, sometimes just baring my soul to this gentleman. I would recommend him to all. I am honoured that he is my solicitor. And he completed a very difficult, probate of a very dear friend, and thank you.


Hayley
17 Apr 2025

Samantha at Eric Robinson was attentive…

Samantha at Eric Robinson was attentive and made the whole house buying process feel not stressful! I cannot thank them enough!


Joelle Salje
15 Apr 2025

Would happily recommend!

Chantelle supported us fantastically well during the recent purchase of my wife & I buying our 1st home! Her advice was clear & she was persistent in her efforts to move at pace in line with our ambitious completion date by the end of March. Thank you so much for your help & support that made a potentially stressful situation turn out positively. We would happily recommend Chantelle & Eric Robinson Solicitors to anyone in future!


Simon
09 Apr 2025

I recently completed the purchase of a…

I recently completed the purchase of a property with the help of Eric Robinson Solicitors, and I couldn’t be happier with the service provided. Sarah Hogarty kept me well informed at every stage and was extremely professional, helpful, and responsive. The entire process was handled smoothly, with clear communication and attention to detail. I also appreciated the prompt follow-up after completion, including updates about registering the property and the legal charge. Overall, I felt supported and confident throughout. Highly recommend their services to anyone looking for reliable and efficient conveyancing support.


Mahender Singh
View all reviews

Book your free family law consultation

This field is for validation purposes and should be left unchanged.

Why choose Eric Robinson Solicitors?

  • Straightforward jargon free advice that is tailored to your specific needs
  • Cost effective legal services that give you peace of mind
  • Providing expert and trustworthy legal advice for over 60 years
  • 6 offices located throughout Hampshire and London