Financial Issues on Divorce

Our solicitors experience ranges from disputes as to transfers of tenancy through to complex disputes involving assets of over £10,000,000. A number of our solicitors are accredited by Resolution as having particular expertise in dealing with financial disputes.

We can advise in cases where agreement has already been reached through to cases where there are substantial disputes in fact (such as where it is alleged that assets have been hidden abroad) and in law (such as which factors the court should pay particular attention to when deciding how to divide the matrimonial assets).

We can advise when there are particular complexities such as bankruptcy, company assets, offshore trusts or pre-existing agreements.

The court can make orders in relation to spousal maintenance, lump sum payments, orders regarding property and regarding pensions. The primary area in which the court is unlikely to make orders is child maintenance as this is usually dealt with by the Child Maintenance Service (formerly CSA). There are some circumstances in which child maintenance orders can be made and we will advise you in those circumstances. The court also has the power to make a number of other orders such as orders freezing assets and orders compelling companies to disclose information.

The court will take into account a number of different factors in deciding how to divide the matrimonial assets and these are set down in law. Examples of the factors to be taken into account are:–

• the financial and other needs of any children of the family
• the length of the marriage
• the current and future earning capacity and income needs of each party
• The contributions, financial and other, towards the marriage

We provide our clients with full and detailed advice regarding the likely outcome of court proceedings and as to what settlements would be considered reasonable. We also ensure that our clients’ arguments are put forward as persuasively as possible and endeavour to ensure that they receive the best service and best settlement possible.

If any property related disputes arise our property team is able to assist you in resolving these. Similarly after your divorce you will need to re-write or amend your existing will. Our Wills & Probate team is able to deal with this for you.

Written by Andrew Watson