Financial Issues on Divorce

What order can the court make on divorce?

A financial remedy order refers to the resolution of financial claims within divorce proceedings. The financial orders the court has the power to make include:

  • Variation of pre-nuptial and post-nuptial settlements
  • Sale of property
  • Pension orders including pension sharing
  • Spousal maintenance
  • Lump sum orders
  • Transfer of property orders
  • Creation of settlements of property

Why you might need a financial order?

Without an order of the court any settlement reached between married couples is not final and binding and claims remain live until they have been dismissed by the court. 

How we can help

We have extensive experience in dealing with all types of financial cases on divorce from the relatively straight forward to more complex cases involving: business assets; farming divorces; spousal maintenance and pensions on divorce. We can help you achieve a settlement in a number of ways:

  • We can help identify the matrimonial assets and income and advise about the true value of them for settlement purposes.
  • We can advise you about the most appropriate dispute resolution option in your case including: private agreements; mediation; collaborative law; or court proceedings. 
  • If your ex partner is not being open and honest about their financial affairs or is deliberately delaying negotiating the implementation of a financial settlement, we can help you take steps to ensure that they engage in resolving the financial issues.
  • We can advise you upon the principles which are applied in ascertaining and quantifying your financial claims.
  • We can advise you about what specific orders can be made in your case and how to structure a financial settlement to ensure that it is fair and meets your financial needs in terms of capital, income and pension.
  • We can help you draw up a legally binding agreement or court order to record the terms of any financial settlement reached, and ensure that the agreement is workable. 

Fixed fee financial applications

If you are unable to reach an agreement through negotiations or mediation and need help bringing or defending a financial application, we charge a fixed fee of £1600 + vat (£320) + court fees (£240 only payable by the applicant), total £2160. This covers the preparation of the application and all work up to and including representation at the first court appointment. Please check out our fixed fees for further details. 

Need further advice?

If you need more detailed advice about applying for a financial order call us on (01228) 829530 or apply online for a free case assessment.