Financial Matters in Divorce Legal Advice

+ Financial Settlements

When a marriage or civil partnership breaks down the financial relationship between you and your partner does not automatically come to an end after the divorce. Without a financial settlement concluded by a court order, both partners can still make financial claims against each other in the future and there is no time limit to this.

We can assist you throughout financial remedy proceedings to help you reach a suitable financial settlement through negotiations. We can also provide expert legal advice and support if you need to bring or defend contested financial remedy proceedings.

+ Financial Orders

If a divorcing couple can agree on how to split their marital finances, they will have to obtain a financial consent order from the court to finalise the proceedings. In contested cases where the couple cannot come to an agreement, the court will make an order on how this will be done. The court will use its discretion and have the final say on what is the fairest way to divide assets between the couple.

Once obtained, a financial order is legally binding which means it’s essential to get specialist advice during the process. Farnworth Rose can help you get the right financial order for you to safeguard your financial future and avoid the risk of further claims from your former spouse.

+ Post-divorce Finances

On divorce, the implementation of a court order including a clean break clause cuts all financial ties between you and your former spouse. Financial matters need to be legally tied up and signed off because without a court order, you are left wide open to future financial claims and there is no time limit to this - including against assets acquired post-divorce.

There may be legitimate reasons for re-opening a claim such as new evidence demonstrating that the outcome of the settlement was unfair or either party was rushed or pressured into making a decision.

At Farnworth Rose, we understand that each family law case is unique. Our solicitors can advise you if you have any doubts about your financial settlement or if you find yourself subject to a new financial claim from your former spouse post-divorce.

+ Pre-nuptial and Post-nuptial Agreements

When you get married or enter into a civil partnership, you don’t typically expect that the relationship will break down. Nonetheless, taking the time now to plan for the possibility can protect your financial interests and those of your family later on.
In England and Wales, unlike in other jurisdictions, the divorce court will not automatically follow the instructions set out in a prenup. Although not legally binding, a well-drafted prenup can help protect your interests should you ever split because the court will take into consideration any pre- and post-nuptial agreements made after both parties receive independent legal advice.

Farnworth Rose will ensure that you get expert advice on drafting and signing pre- and post-nuptial agreements for peace of mind that your assets are safe if the worst were to happen. We can also advise you on an existing prenup if you are currently going through a divorce.

+ Clean Break Orders

A clean break order severs financial ties with your ex so you can avoid any future financial claims. You will need to obtain a clean break order from the court when there are no assets to divide or financial obligations remaining between the two parties in the divorce or dissolution process.

A clean break is desirable in most cases of divorce or dissolution although it is not always possible to achieve. While the financial consent order will often contain a clean break clause, the longer that you and your partner were together, the less likely it will be that you can get an immediate clean break. The family solicitors at Farnworth Rose can advise you on the best way to amicably conclude financial proceedings in divorce.

+ Out of Court Settlements

The advantage of settling financial matters out of court is that it avoids a lengthy, costly process that can increase the emotional strain on you at this difficult time. For matters to be settled out of court, both parties must be willing to engage in an open and compromising manner.

We can negotiate financial matters on your behalf with the other party’s solicitors and are committed to resolving matters amicably. If solicitor negotiations do not lead to an agreement, we can support you with a range of alternative dispute resolution (ADR) options including mediation and collaborative divorce. If no resolution can be made, a court case or arbitration may be the only alternatives available. Our family law solicitors can help you prepare the case for court and will be with you at every stage to help things go as smoothly as possible.

+ Pension Sharing & Divorce

Pensions can be overlooked during the financial settlement for several reasons. Some people don’t realise that pensions are included in the marital assets to be divided. Depending on the age of the couple and how long they’ve been contributing to their pension, a pension pot can be the biggest asset that a husband and wife own. There are several ways to deal with pensions in divorce including pension sharing or pension offsetting- where other assets are received in lieu of the value of a pension fund. We can help guide you through your options to give you the best long-term solution for your situation.

+ Companies & Divorce

If you own and operate a business, it will likely form a key part of the financial proceedings. When a couple has a family business, dividing the business assets and interests between the two parties can be extremely complicated. There are different ways of dealing with businesses depending on whether you are a sole trader, have a share in a partnership or are the director of a limited company.

The solicitors at Farnworth Rose have extensive experience helping business owners protect their financial and commercial interests in divorce. We offer specialist legal advice to help you organise business assets in divorce to safeguard the future of your company while ensuring a fair distribution of assets.

+ Property & Divorce

One of the main concerns divorcing couples face is deciding what happens to the family home, which is not only a financial matter but also a huge emotional issue. When agreeing on who gets the family home it’s not always straightforward. There are different factors involved including whether there’s a mortgage on the house, the housing needs of both people and any children involved, and the affordability of staying in the home.

Our family law solicitors can help you deal with any jointly or separately owned property, including your matrimonial home. Whether you decide to sell the property and divide the proceeds or one person is able to remain in the family home we can guide you through your options so that you know your rights and can find the best solution for you and your family.

+ What Financial Issues Should I Consider During Divorce?

Financial matters in divorce can be complex and may involve assets such as property, pensions, savings, and investments. It’s essential to think about how these assets will be divided, as well as any ongoing financial responsibilities like spousal maintenance. At Farnworth Rose, we can help you understand your rights and options to ensure a fair and reasonable settlement, supporting your financial security post-divorce.

+ Why Is Obtaining a Financial Rrder Important After Divorce?

Without a financial order, your financial ties to your ex-spouse remain open, which means either party can make financial claims in the future—even after the divorce is finalised. A financial order, whether through a consent order or court ruling, legally resolves these matters, providing both parties with certainty and security. Our solicitors can guide you through the process to secure your financial future.

+ Can We Reach a Financial Settlement Without Going To Court?

Yes, many couples prefer to settle financial matters amicably outside of court to reduce time, costs, and emotional strain. Farnworth Rose offers negotiation services and can help with alternative dispute resolution (ADR) options like mediation or collaborative divorce. We are committed to reaching fair agreements whenever possible and will be there to support you if a court case becomes necessary.

+ How Can a Clean Break Order Affect My Financial Future Post-Divorce?

A clean break order severs all financial ties between you and your ex-spouse, preventing future financial claims. This can be particularly important if you want to protect assets acquired after the divorce. However, achieving a clean break may not be possible in all cases, especially for longer marriages. Our family law team can advise on whether a clean break is feasible for your situation and guide you through the steps to secure one.