Divorce and Financial Settlement Solicitors
Accurately and fairly dividing assets when making a divorce financial settlement can be incredibly challenging. At Tinsdills Solicitors, our family law experts can work alongside you to find practical solutions to all manner of issues, including those related to financial arrangements following divorce.
We understand how difficult it can be to go through a divorce, both emotionally and practically. As such, we combine an empathetic approach with straightforward advice so you understand exactly where you stand and what your options are moving forward.
Our team has specialist expertise in various methods of alternative dispute resolution, such as Collaborative Law, demonstrating our commitment to achieving positive results without the need for court proceedings. All of our team are members of Resolution, a network of family law professionals who are committed to promoting constructive approaches to family issues. We also have a specialist accredited member of Resolution as a part of our team.
Should it be necessary to apply to court for a Financial Order, our team can also provide robust representation and carefully tailored support.
In addition to divorce and financial settlements, we also have a range of related expertise, which can be viewed from our main Family Law page.
Please note we do not deal with Legal Aid enquiries for any Family Law
To arrange an initial appointment with one of our divorce and financial settlement solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach please call 01782 652300 or use the enquiry form on the right hand side of the page.
Our Divorce and Financial Settlement Expertise
In many scenarios, it may be possible to agree a voluntary financial settlement, avoiding the need for contentious court proceedings.
Our team can work alongside you to help make arrangements for a voluntary financial settlement with your former partner, using various methods such as Collaborative Law and mediation to find an agreement that is in both parties’ interests.
A voluntary financial agreement can address various matters, including:
- The division of property
- The division of pensions
- The division of trusts
- How businesses are handled
- Solitary investments
- Provisions for children
- Spousal maintenance
A voluntary settlement should always be approved by the court to ensure it is binding upon you both.
If you have attempted to reach a voluntary agreement for your divorce settlement but have been unable to agree on the specific terms with your former partner, it may be necessary to make an application for a Financial Order.
Once a Financial Order has been obtained from the court, the arrangements that are contained in it are legally binding.
Our solicitors can assist you with the process of applying to court for a Financial Order, which is likely to include:
- Making the initial application for a Financial Order
- Preparing a case for a court hearing
- Providing family court representation (where required)
- Advising on the details of a Financial Order if issued by the court
- Advising you on your right of appeal to a Financial Order
- Assist you with implementation of the Order
What Our Clients Say About Our Family Law Expertise
Our central goal is to satisfy our client’s needs. Here’s just a few of them, in their own words, detailing how we do exactly that.
Get in Touch With Our Divorce and Finance Solicitors Today
If you wish to discuss a divorce financial settlement further, please get in touch with a member of our expert team today.
With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of achieving the best possible outcome for oyu and your family.
Please note we do not deal with Legal Aid enquiries for any Family Law work.
Divorce and Financial Settlement FAQs
There is a common misconception that all divorce settlements result in a 50/50 split of the available assets. This is not necessarily accurate.
Couples can have the opportunity to agree a voluntary settlement, which can comprise of an agreement that suits their circumstances, with the courts only getting involved if this is not possible.
While the court may use a 50/50 split as a starting point, they will then take a number of additional factors into consideration when making a decision. This is likely to include:
- The financial contribution each party made to the marriage
- The non-financial contribution each party made to the marriage
- The length of the marriage
- The earning capacity of both parties
- The ages of the Parties
The main priority with any financial settlement is to ensure that the needs of both parties, and any children, are adequately met.
The time it takes to get a financial settlement will ultimately depend on the individual circumstances of the divorce. In theory, if you have a simple financial situation or yourself and your former partner are amicable and you can come to a voluntary agreement, you could be able to reach an arrangement within a matter of months.
However, if your financial situation is more complex, or you need to apply to the Court for a Financial Order, it can take much longer.
The family home is, understandably, a point of contention in many divorces. Whether you own your home together, or one party owns it outright, it is treated as a marital asset and forms a part of the divorce settlement.
How the family home is divided depends on the individual circumstances, but common resolutions include:
- One party buying out the other to keep the home
- One party keeping the home and the other taking a larger share of other assets
- The home is sold and the money is split in accordance with any agreement reached
Pension assets are treated as matrimonial assets, which means that you may be entitled to a share of your former partner’s pension. Pensions are often dealt with through various methods, such as:
- Pension offsetting – You surrender your right to your former partner’s pension in exchange for other equivalent assets.
- Pension sharing – A percentage of your spouse’s pension pot is placed into a separate pension scheme for your sole benefit.
- Pension attachment – It is ordered by the court that you will receive a percentage of your partner’s pension on a regular basis. This is much less common.
The legal fees involved in arranging a financial settlement may vary depending on the scale of the work that needs to be carried out by your legal team.
You will be able to get a better understanding of the potential legal fees for your case during an initial meeting with a member of our team. Initial meetings are priced at £75.
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