Finances on Divorce

Generally speaking, when your marriage or civil partnership ends all property owned by you and your partner may be subject to a claim, regardless of whose name it is in. The family home, for example, might be in your partner’s name only, but by default you may have an equal entitlement to it. 

A court can make orders for spousal maintenance, lump sums, transfer or sale property, and with regard to pensions. 

The court will start by assessing whether an equal split of all matrimonial property is ‘fair’ based on established legal principles. Its first priority is to ensure the housing needs of any dependent children are met, after which it will take into account a number of other factors, such as: 

• The income and earning capacity of you and your partner. 

• The length of the marriage and the age of both partners. 

• Contributions you and your partner have made to the relationship. 

• The financial needs of you and your partner. 

Our role

Resolving the financial fallout of a divorce, separation or civil partnership dissolution can take time. As your solicitors we will help you set realistic objectives and endeavour to start constructive negotiations with your former partner at an early stage. 

When your marriage or civil partnership ends, the terms of inheritance under a will may change. Where relevant, we can advise you to consider early on how the breakup affects your will (or advise you to make a will if you haven’t got around to it yet). You don’t need to wait for your divorce or separation to be finalised before making provision for the people you wish to include in your will. Find our more about our wills and probate services. 

We offer you guidance every step of the way to ensure you get the best outcome – with as little cost, stress and worry as possible.  

Family Law Video Explainers

We have put together a series of short videos covering some of the frequently asked questions that arise and also where the law stands on some of these issues. Click here to view.