Financial Settlements on Divorce & Separation
Navigating the financial aspects of divorce or separation can be overwhelming. Our specialist solicitors in Tunbridge Wells provide clear, practical advice to help you achieve a fair financial outcome and move forward with confidence.
The end of a relationship brings significant financial uncertainty. Questions about who keeps the house, how pensions are divided, and whether maintenance will be payable can feel daunting. At CVG Family Law, we cut through the complexity and provide honest, straightforward advice about your financial rights and entitlements.
We are committed to achieving the best possible financial outcome for you, whether through amicable negotiation or, when necessary, robust court representation. Our approach is always proportionate. We believe in resolving matters efficiently and keeping legal costs manageable.
Financial Matters We Handle
Under the Matrimonial Causes Act 1973, the court has wide discretion to divide assets fairly on divorce. The starting point is equality, but the court considers a range of factors including needs, contributions, and the welfare of any children. We advise on all aspects of financial settlement:
Clean Break Orders
A clean break order severs all financial ties between you and your former partner, meaning neither of you can make future financial claims against the other. This provides certainty and a fresh start. We advise on whether a clean break is appropriate for your circumstances and draft orders that fully protect your interests.
Spousal Maintenance
Where one party has a higher income or greater earning capacity, the court may order ongoing maintenance payments. We advise on both seeking and defending maintenance claims, considering factors such as the length of the marriage, each party's needs, and the standard of living during the relationship.
Property Division
The family home is often the most significant asset in a divorce. We help you navigate the options, whether that means selling and dividing the proceeds, one party buying out the other, or transferring ownership. We also deal with second properties, buy-to-let portfolios, and properties held in trust.
Pension Sharing
Pensions are frequently the second largest asset after the family home, yet they are often overlooked. We ensure pensions are properly valued and advise on pension sharing orders, pension offsetting, and pension attachment orders. We work with independent financial advisers and pension actuaries to achieve the fairest outcome.
High Net Worth Cases
Complex financial portfolios require specialist expertise. We have experience handling cases involving business interests, share options, trusts, offshore assets, inherited wealth, and cryptocurrency. We work with forensic accountants and other experts to ensure full financial disclosure and a fair division of assets.
Cost-of-Living Support
We understand that the cost-of-living crisis has made financial proceedings even more stressful. We advise on interim maintenance applications to ensure you have sufficient funds during proceedings, and we take a pragmatic approach to costs so that legal fees remain proportionate to the assets involved.
Additional Financial Guidance
Unmarried Couples' Rights
Contrary to popular belief, there is no such thing as a 'common law marriage' in England and Wales. If you are separating from a partner you were not married to, your rights are significantly different. We advise on cohabitation disputes, trusts of land claims (TOLATA), and how to protect your financial interests outside of marriage.
Pre-Nuptial & Post-Nuptial Agreements
While not automatically binding in England and Wales, pre-nuptial and post-nuptial agreements carry significant weight with the courts if properly drafted and entered into freely. We prepare agreements that are fair, comprehensive, and designed to withstand judicial scrutiny.
Enforcement of Financial Orders
If your former partner is not complying with a financial order, we can take enforcement action. This may include attachment of earnings orders, charging orders against property, or committal proceedings for contempt of court. We act decisively to ensure that court orders are respected.
Financial Matters in Domestic Abuse Cases
Where domestic abuse is a factor, financial proceedings require particular sensitivity. Financial abuse is recognised as a form of domestic abuse, and we ensure that the court understands the full impact of abuse on your financial position. We also help with accessing legal aid where you are a victim of domestic abuse.
Why You Need a Financial Order
Many people are surprised to learn that divorce alone does not sever your financial ties. Without a financial consent order or court order, your former spouse can make a financial claim against you at any point in the future, even years after the divorce. We strongly advise all our clients to obtain a financial order, whether that is a clean break order or a more detailed settlement, to protect themselves and achieve certainty.
How We Work With You
Free Consultation
A confidential meeting to understand your financial situation, assets, and what matters most to you.
Financial Disclosure
We guide you through the Form E process, ensuring full and frank disclosure from both parties.
Negotiation & Strategy
We explore settlement options through negotiation, mediation, or collaborative law before resorting to court.
Court Proceedings
If agreement cannot be reached, we represent you robustly at Financial Dispute Resolution and final hearings.
Order & Implementation
We draft and finalise consent orders or court orders and oversee the practical implementation of the settlement.
Free Consultation
A confidential meeting to understand your financial situation, assets, and what matters most to you.
Financial Disclosure
We guide you through the Form E process, ensuring full and frank disclosure from both parties.
Negotiation & Strategy
We explore settlement options through negotiation, mediation, or collaborative law before resorting to court.
Court Proceedings
If agreement cannot be reached, we represent you robustly at Financial Dispute Resolution and final hearings.
Order & Implementation
We draft and finalise consent orders or court orders and oversee the practical implementation of the settlement.
Related Services
Financial matters often arise alongside other family law issues. We provide joined-up support across all related areas:
Ready to Take the First Step?
We understand how daunting this can feel. Our free 30-minute consultation gives you the opportunity to speak with a specialist solicitor, in complete confidence, with no obligation.
Or call us on 07984 782 713