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Getting the right result for you and your family

Rayden Solicitors will guide you through the divorce settlement process. We will advise you to help you reach the financial settlement that is right for you and your family.

We are here to answer any questions that you may have. These questions may include:

  • Will the family home have to be sold and if it is, how will the sale proceeds be divided?
  • If the family home has to be sold, how will both of you meet your housing needs?
  • What money will you both have to live on?
  • Whether child maintenance is payable and if it is, at what level?
  • How should the other assets of the family be divided?
  • How should your pension assets be treated?

As a married person, you have legal rights to financial provision from your spouse on divorce. The position is not the same if you are not married or in a civil partnership and in these cases you should refer to our page on unmarried couples for more information.

Your divorce financial settlement and the law

Whether you reach financial settlement with your spouse by negotiation, mediation, through collaborative legal solutions or you have to make an application for a financial order to the court, the same legal guidelines are worked through to get you the right result based on your individual set of circumstances. No two families are alike and there is not one right answer for each case.

When determining your financial claims, the court’s first consideration will be the welfare of any child of the family, under the age of eighteen. The court will then consider the following:

  • The income, earning capacity, property and other assets which each of you have or are likely to have in the foreseeable future. The court, where reasonable, expects a party to take steps to generate an income or increase their income stream.
  • The financial needs, obligations and responsibilities of each of you both now and in the future.
  • The standard of living enjoyed during the marriage.
  • The age of each of you and the duration of the marriage.
  • Any physical or mental disability either of you may have.
  • The contributions you and your ex-partner have made to the welfare of the family, both financial and in relation to the home and the care of the children.
  • Your conduct and your ex-partner’s conduct − however, case law has established this is only relevant where serious financial misconduct has taken place or violence that affects earning capacity.

The court will also have regard to principles established through case law. In recent times a number of very high profile cases have been in the headlines. Reported cases illustrate how a judge might apply the criteria set out above to a particular set of facts. However these principles may have little relevance to you if the facts differ from your case. Contrary to popular belief, the answer to the question “how much will I get?” is often not “half of everything”, particularly where the marriage is short or children are involved. This is because it will often be the needs of the parties’ that will determine the financial settlement reached.

Getting expert help from our divorce financial settlement solicitors

If you are facing divorce or separation, you will require the experience and expertise of a knowledgeable divorce solicitor. They will be able to quickly ascertain your financial disclosure and personal circumstances to give realistic advice as to what the possible outcome may be. Rayden Solicitors provide that expertise. Drawing on our substantial experience, we can provide advice in relation to:

  • Financial arrangements during separation
  • The process of gathering information for financial disclosure
  • Assistance with the valuation of pensions, business interests, trusts and property
  • The presentation of financial disclosure
  • Possible terms of settlement including division of assets and in relation to income

Financial disputes can prove to be the most costly part of a marriage breakdown. Ultimately, co-operation on both sides is the key to keeping legal costs to a minimum and a divorce settlement that suits all parties.

Rayden Solicitors provide quality advice at an affordable rate enabling a broad range of clients to manage the financial negotiations effectively.

We are also committed to equality and diversity and in doing so supports and advises all members of our community.

Divorce, Financial Claims and Settlements FAQs

How long does it take to get a financial settlement?

The time it takes to finalise a financial settlement will depend on your circumstances and the approach taken by the other party.  If negotiations are voluntary and both parties are committed to reaching an amicable settlement, we would hope to reach a deal within 3-6 months.  If a court application is made, there will be encouragement along the way to reach an agreement but if the court has to make a decision, it could take up to 12 months from the date the application is made.

Can a divorce be granted without a financial settlement agreement?

Yes.  The court can grant a Decree Absolute, the final decree of divorce, even if the financial split has not been agreed.  However, the financial settlement is more often than not a crucial aspect of the divorce and in many cases, it is not advisable to get divorced before the finances have been resolved.  We will be able to give appropriate advice on financial settlement.

Can I divorce without going to court?

A divorce petition has to be issued at court but, in most cases, you will not need to attend court to obtain the divorce decree.  If you and your ex partner agree that you want a divorce and the content of a divorce petition, the divorce itself will proceed without the need to attend court. Likewise, the financial settlement can be agreed outside of a court process though we would always advise that the agreed financial settlement is recorded in a court order and made legally binding.

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