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Marriage Solicitors

helping you in

Married Family Finances

We specialise in the division of financial assets and wealth on divorce and the dissolution of a civil partnership.  We will advise you on the options available to you to ensure that any financial settlement is fair and one which properly provides for your future.

We work with clients from a broad range of financial backgrounds including those where there are high net-worth assets, such as properties, businesses or inherited wealth, and those who have minimal assets and seek simply to ensure that they are protected from any future claims.

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Our Approach

We will always try to ensure that an agreed financial settlement is achieved as this avoids a lot of acrimony and expense. There will usually need to be a voluntary exchange of financial information and we will often then suggest that a ‘round table’ meeting occurs to try to resolve the position in a conciliatory manner. However, where required, we are very experienced where there is a need for court involvement.

Where there are no or minimal assets

A divorce or the dissolution of a civil partnership will not end the financial relationship between a couple. This means that, even after a divorce, you both still retain the ability to make financial claims against each other. This applies even where there are no financial assets which is why some couples agree to obtain what is commonly known as a ‘Clean Break’ Order which will ensure that neither can claim against the other in the future. We can prepare such an application and arrange for the Clean Break Order to be approved by the court.

Where there are assets

We will always advise you on the options available and what would be treated as a fair settlement.  The law generally looks at a sharing of the assets built up during the marriage which can include properties, pensions, and other money.  However, there may, for example, be assets which are not considered to be marital property or inheritances which may need to be treated differently to other property.  Each situation is different, and we will advise on how any property and income should be shared fairly.

What Should i consider?

It is always necessary to give first consideration to any children of the family and to look at the circumstances of the case to include such things as the incomes, housing needs and sometimes contributions of the couple.

The financial aspects of divorce and separation can often be very complex as there is a wide discretion to consider several factors when striving to achieve a fair outcome.  There is no one right answer and a range of orders which may be considered as fair.  We will ensure that you are properly advised on how the assets should be fairly divided whether in relation to a family home, business, investments, or the treatment of inherited wealth.

After a very short marriage it may be appropriate to try to place each person back in their financial position before the marriage.  After a longer marriage there will generally be an equal sharing of marital property although there may be justification to depart from this where the financial needs so require.  In nearly all cases however the financial needs of each person must be considered, and these often carry much more importance than contributions.  We can advise on the options available and seek the settlement which best suits you.

We are here to help you resolve the division of financial assets and wealth.

Frequently Asked Questions

The welfare of any children will always be the first consideration as they will need a secure home.

It is necessary to consider whether an equal sharing of the assets would achieve a fair outcome.  However, there may be reasons to depart from equality particularly when considering the housing needs of the parties.  A 50/50 is not therefore automatic as some people believe.

An inheritance is treated differently from jointly acquired marital assets.  There are several things to consider such as the timing when the inheritance was received and whether it has been mingled with the marital wealth.  The answer will usually depend on whether the inheritance wealth is needed to meet the housing needs of the parties.