Settle your assets fairly with solicitors who’ve got your back

No. Financial settlements/financial remedy are dealt with independently of the actual divorce. It is possible, therefore, to get divorced without formally sorting out your finances by way of a financial settlement/agreement. This is not advisable as it may leave you open to financial claims by your ex-partner later down the line, especially if their circumstances should change. A family law solicitor can guide you and give you directions on what a fair and reasonable financial settlement would be and assist with putting the next steps in place before the Final Order within the divorce is pronounced, thereby making sure you are protected and not left vulnerable. It is best practice to deal with the financial settlement alongside the divorce process so that both processes are resolved parallel to one another.

There are several ways that a financial settlement can be achieved, but primarily the main routes taken are direct discussions between the parties about their financial position, negotiations through solicitors, some form of dispute resolution hearing or making an application to the court for a hearing where a judge will decide the outcome. It is possible for a settlement to be reached using some or all of the above-mentioned options. For example, discussions can take place in order to reach agreement on the division or transfer of the majority of the assets, thereby narrowing down the issues that a judge needs to look at, or avoiding the necessity to involve court proceedings at all, which is frequently the case. 

There is no standard one size fits all.  How much it will cost very much depends on the complexity of the assets and wealth to be divided and how each party conducts themselves. It is important to note that the costs of sorting out finances are separate from the costs incurred when dealing with the actual divorce. We discuss your individual circumstances and answer your questions in our initial, 1 hour appointment and we advise you on a cost estimate and associated responsibilities, tailored specifically to your case.

The statutory criteria are applied and your family solicitor can advise you specifically on matters like this, tailored to your individual circumstances. 

Matrimonial assets refer to any assets that have been accrued or obtained within the course of your marriage. The most common matrimonial asset is the family home. However, other assets can include (but are not limited to) additional properties, pension provision, vehicles, money savings, investments or interests in businesses.

Non-matrimonial assets refer to anything of value that you accrued or obtained outside of the marriage – i.e. the period prior to the marriage and/or the time that has passed since separation. Non-matrimonial assets can include (but are not limited to) pensions, properties or investments and can also apply to disclosure of inherited assets in some circumstances.

It is not unusual for one party to move out of the family home, if for no other reason than to alleviate any tension that has arisen between you and make day-to-day living more bearable for all concerned.

However, it cannot be expected that one party will move out. It may not be cost effective for them to do so as it may not be possible financially to run two households. Additionally, whether the family home is rented or owned, is in both names or one name only, you may have a right to live and stay there.

There is a common assumption that one party will leave while the other remains content to look after the children but you shouldn’t consent to leave just because your spouse tells you to. Speak to a family solicitor first so that you can fully understand your position before taking any action.

In a word.. no, this is a myth and there is no truth that if you leave the family property due to a marital breakdown you'll affect a financial agreement or divorce arrangements.

The court’s aim when dealing with matrimonial finances is that any decision to divide any assets is fair, reasonable and meets the needs of both parties. The starting point certainly for the family home is a 50/50 split, but in many cases the percentage split usually departs from this, depending on the evidence presented, the specific circumstances and the number of factors involved.

When trying to reach a divorce settlement, it is standard procedure for all financial resources of both individuals to be considered, including any business interests as well as debts and other areas of financial responsibility.

NjP Solicitors is not like other law firms. We are a dedicated family law practice that will help you fight your case, let you know what your obligations are, get your documents in order and get the outcome you deserve so you can move forward with confidence with a fierce advocate by your side. Our specialist family lawyers are based from our office in Birmingham or Telford and we also offer meetings to clients online. From your first appointment, we'll answer any questions you may have, give you any assistance that you need

Mediation is a form of negotiation and can potentially save the necessity to involve the courts to resolve family disputes. You can find out more about mediation here. 

Alimony is an American word meaning the financial support payments a person is ordered to give to their spouse during separation or following divorce. Maintenance would be the nearest British equivalent. Attorney is a similar case, that's the American word for solicitor.

If you have questions on child support or welfare, custody arrangements, visitation rights, childcare or child maintenance, see our Child Arrangements page here. 

In divorce cases, a Consent Order is a legally binding document that outlines the financial arrangements between spouses. It may address issues like property division, maintenance, and child support. The Solicitors Regulation Authority (SRA) plays a role in regulating solicitors who assist in drafting and submitting Consent Orders to ensure compliance with legal standards.

A Remedy Order is a court-issued order that addresses specific issues in family law cases. It may be used to enforce or modify existing court orders related to child custody, visitation, or financial support. Understanding the distinction between a Consent Order and a Remedy Order is crucial for couples navigating family law proceedings.

In divorce proceedings where one spouse has a disability, a Statement of Disability can be submitted to the court to provide information about the disability's impact on that spouse's financial needs and capacity to work. This statement can influence court decisions regarding support, such as a lump sum or ongoing payments.