Financial settlement on separation

Financial settlements after separation

Divorce and separation can be overwhelming, especially when it comes to dividing finances and assets. We are here to help you navigate this difficult time with clear, practical advice.

Understanding financial settlements after separation

When a relationship ends, the financial implications can be daunting. You may be uncertain about your rights, how assets will be divided, or what steps you need to take to ensure a fair outcome. At Anthony Gold Solicitors, we guide you through the process, providing expert advice to help secure your financial future.

What Is a financial settlement?

A financial settlement is an agreement that divides the assets and finances accumulated during your marriage or partnership and brings about the clean break in relation to your respective claims upon divorce. It includes decisions about:

  • Property: Determining whether the family home, additional properties or holiday homes will be sold, transferred, or retained by one party.
  • Savings & investments: Ensuring a fair division of bank accounts, stocks, shares, and other investments.
  • Businesses: Dealing with ownership and valuation of family-owned or jointly held businesses.
  • Pensions: Addressing pension sharing or pension offsetting to ensure a balanced settlement.
  • Debts: Clarifying responsibility for any joint debts or liabilities.
  • Spousal & child maintenance: Determining ongoing financial support for one party or for any children involved.
  • Belongings & contents: Dealing with the division of belongings and valuables fairly.

A well-structured settlement aims to provide financial clarity, certainty and stability for both parties, avoiding potential disputes in the future.

Why legal advice is crucial for a fair settlement

Even in amicable separations, it’s essential to seek legal advice to ensure the agreement is fair, accurate and legally binding. Without a formal financial settlement, either party may make financial claims in the future, potentially causing unexpected stress and expense.

 

At Anthony Gold Solicitors, we help you:

  • Identify all marital assets: We ensure that all financial resources, including potentially hidden assets, are investigated and accounted for.
  • Understand your legal rights: We explain your entitlements, providing clarity on what you can expect.
  • Negotiate effectively: Our solicitors help negotiate a fair outcome, focusing on your long-term financial wellbeing and objectives.
  • Draft a legally binding agreement: We draft and formalise the financial agreement to ensure it is legally enforceable by law, giving you peace of mind.

Factors considered in a financial settlement

The court takes several factors into account when deciding on a fair division of the assets. While every case is unique, typical considerations include:

  • Children’s housing needs: The Court will prioritise the financial needs of any children, ensuring they have a stable home and sufficient financial support.
  • Financial resources: The court will assesses each party’s income, earning/mortgage capacity, property and resources to the marriage both now and in the future.
  • Financial needs & responsibilities: The Court will look at who each party is housing and supporting following the divorce.
  • Length of the marriage: Short marriages are less likely to result in an equal split of assets as opposed to long marriages where the assets become more ‘merged’.

Our team at Anthony Gold Solicitors are experts in dealing with complex financial cases, including those involving high-value assets, international property, and family businesses. We work diligently to achieve a fair and sustainable outcome tailored to your unique situation.

Importance of a consent order: Ensuring a legally binding agreement

Reaching a financial agreement after separation is an essential step, but without a legally binding Consent Order (or Court Order) and a clean break, your financial claims remain open. A Consent Order formalises your financial arrangements, protecting you from future claims and providing certainty moving forward. At Anthony Gold Solicitors, we ensure your agreement is secure, fair, and enforceable.

What Is a consent order?

A Consent Order is a legal document approved by the court that sets out the financial agreement between you and your ex-partner. It’s designed to cover all financial matters, including:

  • Division of property: Outlining what happens to the family home and any additional properties.
  • Distribution of savings & investments: Detailing how bank accounts, shares, and investments are split.
  • Pensions: Specifying any pension sharing orders to provide for both parties in retirement.
  • Spousal & child maintenance: Setting out ongoing financial support payments.
  • Clean break clause: Ensuring that no future financial claims can be made once the agreement is finalised.

By obtaining a Consent Order, you achieve a financial clean break, giving you peace of mind that your ex-partner cannot make unexpected financial claims in the future.

Why do you need a consent order?

Even if you and your ex-partner reach an amicable agreement, it’s crucial to make it legally binding. Without a Court approved Consent Order, either party could:

  • Change their mind and renegotiate the terms of your agreement.
  • Make financial claims months or even years after the divorce.
  • Dispute ownership of assets or income in the future.

At Anthony Gold Solicitors, we help safeguard your settlement by drafting a robust Financial Order tailored to your specific circumstances. This will protects your financial interests in the long term and ensures a stable foundation for your future.

Words from our clients

Fiona Lyon at Antony Gold handled my divorce brilliantly. She was not only very understanding of my personal situation, but also through tough negotiation ensured I ended up with a financial settlement which far exceeded my expectations. I would recommend her to anyone, especially when you need someone really in your corner.

Family Law Client

Kim Beatson and her team at Anthony Gold Solicitors provided me with an excellent legal advice and guided me through a very stressful and challenging financial settlement as part of my divorce. Kim is experienced, knowledgeable, prompt, patient and efficient.

Family Law Client

If it wasn’t for Kim Beatson’s legal advice and professional expertise I wouldn’t have reached a fair financial settlement. Her fee estimate was clear and transparent from the beginning. I was invoiced after the service was provided, which is a rarity in the family law world. I am very grateful and I cannot recommend Kim’s legal services highly enough.

Family Law Client

Changing or challenging an existing financial settlement

Life after separation can be unpredictable, and sometimes financial circumstances change in unexpected ways. A settlement agreement that worked initially may no longer be suitable due to new developments.

Whether you need to amend ongoing maintenance payments or revisit the division of assets due to new information, our experienced team can guide you through the process, helping you achieve a fair and practical resolution.

When can you change a financial settlement?

Financial settlements are designed to be final, but certain significant changes in circumstances can justify revisiting the agreement, such as:

  • Job loss or reduced income: If you lose your job or face a significant drop in income, it may become impossible to meet your agreed financial obligations.
  • Serious illness or disability: If you or your ex-partner experience a health issue that impacts earning capacity, it may necessitate a review of the existing terms.
  • Increase in financial needs: Changes in the needs of children, such as unexpected medical costs or educational expenses, may require adjustments to the maintenance payments.
  • Discovery of hidden assets: If it is revealed that one party concealed assets during the initial agreement, the court may consider reopening the case to ensure a fair outcome.

The process of changing a financial agreement

When circumstances change, it’s usually always best to try and agree on new terms directly with your ex-partner. If this isn’t possible, our solicitors can assist you via the following options:

  • Negotiation: We can engage in direct negotiations on your behalf, seeking a voluntary adjustment by consent that reflects your new circumstances.
  • Mediation: Our team includes some of the most experienced mediators in the country, skilled at helping parties reach an amicable resolution without escalating the matter to court.
  • Court application: As a last resort, you may need to apply to the court to amend the settlement. This process requires demonstrating a significant change in circumstances or that the original agreement was unfair.

What the court considers in changing a settlement

If an application to court becomes necessary, the judge will consider:

  • Material change in circumstances: Whether there has been a significant change since the original order was made.
  • Financial impact: How the change affects both parties’ financial positions and their ability to meet obligations.
  • Fairness & reasonableness: Whether the existing settlement terms continue to be fair given the new circumstances.

Our solicitors at Anthony Gold will build a strong case on your behalf, presenting clear evidence and advocating for a fair adjustment.

Why choose Anthony Gold Solicitors to manage your financial settlements after separation?

The process of resolving financial matters after a separation can be both daunting and emotionally challenging. That’s why we offer more than just legal advice—we provide a supportive, client-focussed approach designed to protect your interests, meet your objectives and deliver the best possible outcome.

Our expertise: Nationally recognised & award winning family law specialists

Anthony Gold Solicitors is consistently ranked as a leading firm in family law by Legal 500 and Chambers and Partners. Our team includes some of the most experienced family law solicitors and mediators in the UK. We are well-regarded for our ability to handle complex financial cases, including high-value assets, international property, and family businesses. Our expertise spans:

  • Matrimonial finance: We handle all aspects of financial settlements and nuptial agreements, from dividing property and investments to dealing with pensions and ongoing maintenance.
  • Complex children work: We provide clear, practical advice on children’s financial needs, including school fees and medical expenses for both married and unmarried couples.
  • Cohabitation disputes: We advise on the division of assets for unmarried couples, ensuring that your rights are protected.

Our family law team offers a comprehensive service, blending comprehensive legal expertise with a practical understanding of the financial and personal complexities that affect your case. This means you get a well-rounded approach tailored to your individual needs.

A client-centred approach: Putting your needs first

We understand that every case is unique, and that the impact of financial settlements can be life-changing. At Anthony Gold Solicitors, we take the time to listen to your concerns and priorities, ensuring our advice aligns with your goals and objectives:

  • We appreciate the emotional difficulties of separation and strive to provide compassionate and respectful support at every stage. 
  • We explain each step of the process in straightforward terms, so you always know where you stand and what to expect.
  • We customise our legal strategies to fit the specific circumstances of your case, whether it involves straightforward financial matters or intricate disputes.

Cost-effective & efficient solutions

We believe that legal support should be accessible and cost-effective. Our team is committed to resolving matters efficiently, avoiding unnecessary delays and costs. We aim to negotiated settlements and use methods such as mediation, private hearing and collaborative law to find solutions without going to court wherever possible.

When court proceedings are unavoidable, you can trust that our solicitors will advocate tirelessly on your behalf, drawing on our extensive experience in family law litigation.

Working in collaboration with specialists

At Anthony Gold Solicitors, we often work alongside trusted financial advisors, pension experts, and business valuation professionals. This collaborative approach ensures that your financial settlement is not only fair but also reflects the full scope of your financial landscape, giving you the best foundation and technical advice for a secure future.

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How we charge

At Anthony Gold Solicitors, we believe in full cost transparency. From the outset, we provide a detailed breakdown of fees, ensuring there are no unexpected surprises. Know more about our fees in matters of family and relationships .

Our team focuses on delivering value, combining expert legal advice with clear guidance on costs, so you can make informed decisions without additional stress. Give us a call on 020 7940 4060 or email us at mail@anthonygold.co.uk to get started.

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Financial settlement on separation: FAQs

What is a financial settlement in divorce, and why is it necessary?

A financial settlement is a legal agreement that divides the assets, income, and financial responsibilities between you and your ex-partner after a divorce. It covers property, savings, investments, pensions, and any ongoing maintenance payments. A formal settlement is necessary to provide clarity and prevent future disputes. Without a legally binding agreement, either party could make additional financial claims, even years after the divorce is finalised.

What assets are considered in a financial settlement?

A financial settlement takes into account all marital assets, including the family home, savings accounts, investments, pensions, business interests, and personal belongings of significant value. It may also consider any debts or liabilities accumulated during the marriage. The goal is to ensure a fair division of assets that reflects both parties’ financial needs and contributions. Hidden or undisclosed assets can lead to the agreement being challenged, so full transparency is essential.

Do I need a Consent Order if my ex-partner and I agree on the settlement terms?

Yes, even if you and your ex-partner reach an amicable agreement, you still need a Consent Order to make the settlement legally binding. A Consent Order is a document approved by the court that formalises your financial agreement. Without it, there is a risk that your ex-partner could make a financial claim against you in the future, potentially reopening disputes that you thought were settled. Having a Consent Order provides peace of mind and a clear, enforceable agreement.

What happens if we can’t agree on the financial settlement terms?

If you and your ex-partner cannot reach an agreement on your own, there are several options available to help resolve the dispute. Mediation can provide a neutral environment for discussions, guided by a trained mediator. Alternatively, collaborative law allows both parties and their solicitors to work together to find a solution. If these methods fail, arbitration or court proceedings may be necessary. Our team at Anthony Gold Solicitors can help you navigate these options, prioritising negotiation and mediation first to avoid the stress and costs of court.

Can I change the terms of a financial settlement after the divorce is finalised?

In most cases, financial settlements are intended to be final and legally binding. However, if there has been a significant change in circumstances—such as job loss, serious illness, or the discovery of hidden assets—you may be able to apply for a modification. The court will only consider changes if there is substantial evidence that the current agreement is no longer fair or practical. At Anthony Gold Solicitors, we can assess your situation and advise you on the best course of action, whether it involves negotiation, mediation, or a formal court application.