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Divorce & Financial Settlements

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While most divorces are straightforward, others are far more complex. We have your back, represent your best interests and help you to achieve financial security in divorce proceedings.

Our award-winning family law team can guide you through your divorce in the most acrimonious way possible. Our warm and welcoming offices in Manchester, Liverpool, Leeds and Lancashire provide comfortable settings for sensitive discussions.

Even if your divorce isn’t disputed, you’ll need specialist advice from experienced family lawyers on the financial implications of when and where to start divorce proceedings, along with the consequences of getting your final divorce order before financial claims are resolved.

We are experts in guiding clients through the divorce or civil partnership dissolution process. We advise on all issues relating to financial claims upon divorce and dissolution, such as the extent of family assets (including pursuing full disclosure of all assets) and the timing and strategy of financial claims. We have sound judgment in assessing settlement parameters at an early stage, including lump-sum payments, property transfers/sales and pension shares.

Our expertise

When required, we are tenacious in obtaining the best possible outcome for your future. We offer the full range of dispute resolution options, including arbitration, collaborative law and support through mediation and litigation.

Our international family law experts can advise on the most appropriate jurisdiction to issue divorce or dissolution proceedings. We advise on ex-pat and foreign or religious marriage issues, including financial orders, mirror agreements and offshore assets. We are also highly experienced in cases that involve spousal and children maintenance issues where the main source of family income is derived from dividends or fluctuating bonus payments.

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Pensions and inheritance on divorce

When making a financial order, the court will have to consider all types of assets owned by the parties (whether in their sole name or joint names) including capital, pensions and income. The court has wide power and discretion when it comes to distributing those assets.

It’s a common misconception that when spouses separate any inheritance received by either party will automatically be excluded from any divorce settlement. The court is required to consider the factors listed in Section 25 of the Matrimonial Causes Act 1973, which include “the financial resources the parties have, or are likely to have, now or in the foreseeable future”. On that basis, the court will consider all assets belonging to the parties (irrespective of the source of those assets).

This can be a complex area of law and it’s recommended that you take specialist advice. Our team have significant experience with pensions and inheritance on divorce to ensure that your assets are handled correctly. 

Financial Remedy Proceedings

When a couple divorces or dissolves their civil partnership, they will usually be able to reach a financial settlement by mutual agreement. Yet this isn't always possible — and in such cases, financial remedy proceedings are often instigated to seek the court’s assistance in determining a ‘fair’ financial settlement. 

The court will use Section 25 of the Matrimonial Causes Act 1973 to decide on a ‘fair’ financial settlement. The primary consideration will be the welfare of any children, though other factors include the earning capacities, financial resources, ages and the conduct of parties to the divorce.

As skilled litigators, we will defend your best interests if any challenges arise during the divorce proceedings.

Brexit and Divorce

Find out more about financial orders on divorce.

Financial orders

The court has the power to make a variety of financial orders upon divorce or dissolution of a civil partnership. This is usually embodied in a legally binding court order, known as a financial consent order. Types of financial orders include:

  • Property Adjustment Order
  • Lump Sum Order
  • Maintenance Order
  • Pension Sharing Order
  • Clean Break Order

Our divorce law team has specialist knowledge of financial orders and will guide you through the process.

How can divorce impact financial matters?

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Here, our Partner and family law expert Debbie Heald offers eight practical tips for anyone struggling to divorce a narcissist.

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