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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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12 Sep 2024

Excellent Solicitor

Sajith Pillai acted as my conveyancing solicitor for buying my property, he provided great support and completed all the necessary checks in short time. He checks everything and raise it to concerned parties for the clarification. He communicated every bit of information to me in detailed manner and it is very easy to understand. He helped us in understanding the process well and always available to clarify my doubts, I am very happy with his service provided to us. I would definitely recommend him. Thank you Sajith 🙂


Ramesh
10 Sep 2024

Outstanding service provided by Angela and Eric Robinson

Angela Payne acted as my conveyancing solicitor for the sale of my property and throughout the entire process, the service she provided was outstanding! From initial appointment and through to completion, communication was both clear and prompt, enabling me to make informed decisions. At times, where the transaction was being frustrated by the other party to the sale, Angela always made herself available for a phone call, providing both reassurance and soundboarding on ideas on how to keep the transaction moving forward, whilst maintaining a friendly and professional manner at all times. I felt confident that she was acting in my best interests. Angela is an excellent representative of Eric Robinson, and I am very grateful for the services she provided and would highly recommend.


Matthew
27 Aug 2024

Experienced Residential Conveyancing Solicitors

I had the pleasure of working with Eric Robinson Solicitors for the purchase of my home, and I am extremely satisfied with the service provided. Mr Sajith Pillai was highly professional, efficient, and kept me informed every step of the way. They made the typically stressful and complex process of buying a home feel seamless and easy. I would strongly recommend Eric Robinson Solicitors to anyone seeking a residential conveyancing solicitor. Thank you.


Nick
23 Aug 2024

Great service!

Great service from Sajith. Very good communication and constantly updated us. Thank you for everything- really appreciate it. Helped us achieve our dream home.


Nisha Thomas
22 Aug 2024

Excellent service

Eric Robinson Solicitors service was excellent.Our designated solicitor Sajith was excellent in all his dealings with us. He was very efficient and very fast with his replies, ensuring that all our doubts and questions were answered. We would highly recommend him to any of our friends and family. Thank you Eric Robinson Solicitors


Annis Panikulam
21 Aug 2024

Made the sale and purchase of our…

Made the sale and purchase of our property stress free. Provided easy non jargon communication. A special mention to Hannah Jones and Carly Dawson who worked extremely hard.


Darren
12 Sep 2024

Excellent Solicitor

Sajith Pillai acted as my conveyancing solicitor for buying my property, he provided great support and completed all the necessary checks in short time. He checks everything and raise it to concerned parties for the clarification. He communicated every bit of information to me in detailed manner and it is very easy to understand. He helped us in understanding the process well and always available to clarify my doubts, I am very happy with his service provided to us. I would definitely recommend him. Thank you Sajith 🙂


Ramesh
10 Sep 2024

Outstanding service provided by Angela and Eric Robinson

Angela Payne acted as my conveyancing solicitor for the sale of my property and throughout the entire process, the service she provided was outstanding! From initial appointment and through to completion, communication was both clear and prompt, enabling me to make informed decisions. At times, where the transaction was being frustrated by the other party to the sale, Angela always made herself available for a phone call, providing both reassurance and soundboarding on ideas on how to keep the transaction moving forward, whilst maintaining a friendly and professional manner at all times. I felt confident that she was acting in my best interests. Angela is an excellent representative of Eric Robinson, and I am very grateful for the services she provided and would highly recommend.


Matthew
27 Aug 2024

Experienced Residential Conveyancing Solicitors

I had the pleasure of working with Eric Robinson Solicitors for the purchase of my home, and I am extremely satisfied with the service provided. Mr Sajith Pillai was highly professional, efficient, and kept me informed every step of the way. They made the typically stressful and complex process of buying a home feel seamless and easy. I would strongly recommend Eric Robinson Solicitors to anyone seeking a residential conveyancing solicitor. Thank you.


Nick
23 Aug 2024

Great service!

Great service from Sajith. Very good communication and constantly updated us. Thank you for everything- really appreciate it. Helped us achieve our dream home.


Nisha Thomas
22 Aug 2024

Excellent service

Eric Robinson Solicitors service was excellent.Our designated solicitor Sajith was excellent in all his dealings with us. He was very efficient and very fast with his replies, ensuring that all our doubts and questions were answered. We would highly recommend him to any of our friends and family. Thank you Eric Robinson Solicitors


Annis Panikulam
21 Aug 2024

Made the sale and purchase of our…

Made the sale and purchase of our property stress free. Provided easy non jargon communication. A special mention to Hannah Jones and Carly Dawson who worked extremely hard.


Darren
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