Matrimonial Finances

We deal with all aspects of matrimonial finances and other financial claims upon relationship breakdown.

The court can make orders for:

• Maintenance for the husband or wife;
• Maintenance for children;
• A lump sum for the husband or wife;
• A ‘property adjustment’ or ‘transfer of property’ order;
• Sharing or claiming on the other’s pension fund.

It is vital that, as part of divorce or dissolution proceedings, any financial settlement is recorded in an order of the court. It is a common misconception that divorce alone severs financial ties between you and your spouse. If you do not have the benefit of a clean break order, your ex-partner could issue a financial claim against you at any point in the future, even many years after your divorce has been finalised.

It is only with a court order, which clearly sets out the financial arrangements and dismisses each party’s claims against the other, that you can be certain you have achieved finality between you and your spouse.

Court orders can be obtained either by consent or order of the court as part of contested proceedings. We encourage our clients to agree matters between themselves where possible or with the assistance of a mediator.

Court proceedings should always be a last resort. If you’re unable to agree matters between yourselves, we will invite your spouse to engage in voluntary financial disclosure and enter solicitors’ negotiations. Our primary objective is to address financial issues effectively, negotiate a fair settlement for you and formalise any agreement in a legally binding consent order.

If matters are agreed by consent, whether through private agreement, mediation or solicitors negotiations, you will not need to physically attend court. We will prepare the consent order and supporting documentation on your behalf, a Judge will then review the papers in private before it is rubber stamped and made legally binding. The court must be satisfied that the agreement is reasonable and that both parties understand what they have signed.

If matters cannot be agreed, then our experienced lawyers will present your case to the Court. Our focus is to secure favourable outcomes for our clients, including property transfers, lump sum payments, spousal maintenance, and pension sharing.

The law does not prescribe an exact formula for the division of the matrimonial finances but does take into account a wide range of factors to arrive at a fair solution for both parties. The starting point is always equality, but if one party’s needs cannot be met with an equal division of the assets, then there may be grounds to depart from equality. The primary concern of the Court is ensuring that any children of the marriage are suitably housed. Our experts can advise on what is a fair settlement for you.

Please contact a member of our Family Law team today to arrange your free initial consultation.

We have offices in Bath, Chippenham, Cheltenham, Swindon, Salisbury and Newbury.