Financial Settlements

A divorce financial settlement is an agreement that defines the division of assets, liabilities, and financial obligations between divorcing couples. This may include assets, debts, pensions, investments, savings, and potentially child or spousal support.

Section 25 of the Matrimonial Causes Act 1973 outlines the fundamental rules that the Court follows when determining how to divide assets during divorce proceedings. When making these decisions, the judge considers several factors such as the standard of living before the divorce, the contributions of each party, and both current and future financial needs and assets.

Our experienced family law solicitors are here to assist clients through these complex matters and work toward achieving the best possible outcome.

Things to Consider

  • In some cases, financial settlements do not require the Court’s intervention and can be negotiated if the parties are willing to make compromises.
  • To make a financial and property division agreement legally enforceable, you must apply for a consent order. This document formally outlines the terms and asset allocation agreed upon by both parties.
  • Couples who are not married or in a civil partnership will be subject to different regulations. However, child maintenance payments must still be agreed upon by both parties.
  • A maintenance payment can be set for a defined period, or continue until one of the parties passes away, remarries, or enters into a new civil partnership.

How long does it take?

The timeframe for how long financial settlement cases take vary depending on the circumstances of each case.
It will take a few months if partners can reach a mutual agreement on the terms. Other actions, like negotiation,
mediation or even court intervention, might be required when a couple is unable to come to an agreement.
This will significantly extend the process.

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