Post Divorce Finance
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Post Divorce Fiance Claim Solicitors
At Farnworth Rose, our experienced family solicitors provide specialist legal advice to help individuals successfully navigate post-divorce finances. We are experts at supporting clients in ending the financial ties to their spouses for good while ensuring a fair outcome.
We understand that the breakdown of a relationship is one of the most difficult experiences you can have. During the stress, it’s easy to get sidetracked and overlook important financial matters, but it’s essential to get these right if you want to move forward and live a successful life post-divorce.
Many people don’t realise that financial matters are separate from the divorce process or that the divorce won’t end your financial responsibilities and obligations to one another. If you want to be financially free from your ex-spouse you need to obtain a consent order with a clean break clause. Without this final step, your ex retains the right to make a financial claim.
This might not seem like a big deal if neither of you has a high net worth, but you never know what will happen. If you acquire assets or money through an inheritance, your own business success, or any other unexpected windfall you don’t want to have to share that with your former partner.
The family lawyers at Farnworth Rose regularly advise clients throughout the divorce process. We have years of experience helping people navigate the associated financial remedy proceedings and pride ourselves on offering expert advice at affordable pricing.
We’ll show you how to tie up the loose ends before you go your separate ways, to prevent any unpleasant surprises later. We can also help if you think the outcome of your financial settlement was unfair, leaving you financially vulnerable, and you wish to challenge it.
Why choose Farnworth Rose for post-divorce financial advice?
There’s a lot to think about during divorce and any uncertainty about your future finances can lead to stress. That’s why we offer clear guidance while making you feel supported throughout.
With over 38 years of experience, our team have the in-depth knowledge and skills to identify and promote options that you may not have considered, ensuring a fair and favourable resolution. We take the time to identify the best way to meet your needs and strive to provide a high-quality, tailored service at a fair cost.
Our family law solicitors are committed to serving your best interests. We’ll ensure you know your financial rights and obligations while making you aware of any issues that could arise.
We can help you remove all financial ties and avoid any further financial claims from your ex. If a financial claim is made against you by your ex-spouse after your divorce, we can assist with straightforward, effective advice.
We pride ourselves on keeping our promises and providing clear, comprehensive advice, so you always know where you stand. You’ll get direct access to your solicitor so they can respond quickly and proactively to your needs. This lets you make informed decisions during this challenging time giving you peace of mind that your financial future is protected.
If you need advice from an experienced family solicitor at Farnworth Rose, call a member of our team today on 01282 695 400 or complete the form below and we’ll be in touch.
What are the reasons for making a financial claim post-divorce?
There may be legitimate reasons for re-opening financial matters post-divorce including:
Either of your financial situations or circumstances have dramatically changed.
The outcome of the financial settlement turns out to be unfair after the discovery of new evidence.
One party comes into a large sum of money and there is a reasonable case for the other person to have their share.
One of you feels as if you were rushed or pressured to make a decision that wasn’t in your best interest and has left you financially disadvantaged.
Every situation is different and we are on your side to protect your interests. We’ll talk you through your unique circumstances to determine whether or not you have a valid claim.
Our Post-divorce Finacial Claims Experts
Our Post-Divorce Financial Claims Experts are here to support you through every step, from addressing new financial claims to protecting your assets. Trust our experience to safeguard your financial future.
What we do for our clients?
At Farnworth Rose Solicitors, our family law team brings over 38 years of expertise in guiding clients through the division of marital or partnership assets during financial remedy proceedings. We offer tailored advice and compassionate support to reduce the stress of separation while working to achieve the best possible outcome for your unique circumstances.
Our skilled solicitors have successfully assisted hundreds of divorcing couples, delivering results efficiently and effectively. We are committed to robustly protecting our clients' interests, from safeguarding non-marital assets to ensuring an equitable division of marital or partnership wealth.
Contact our Post-divorce Financial Claims Specialists
If your marriage or civil partnership has ended and you’re facing unresolved financial issues, we’re here to help. Our expert solicitors can assist with identifying marital assets, clarifying post-divorce financial obligations, and ensuring you receive what you’re entitled to. We also protect your interests by addressing any attempts by your ex-partner to misrepresent or hide assets.
We offer skilled negotiation support to help you reach amicable solutions and, if necessary, can assist in drafting fair and binding agreements. If disputes arise, our experienced team can prepare a robust case to resolve contested financial matters. Whether your case involves high-net-worth assets or complex financial arrangements, we’re equipped to ensure the best outcome for your unique situation.
At Farnworth Rose, we tailor our services to your needs. From addressing post-divorce claims to protecting your future financial security, we’re committed to guiding you every step of the way. Contact us today for a personalised quote and expert advice.
For professional assistance with post-divorce finances, call Farnworth Rose on 01282 695 400 or complete the form below, and we’ll be in touch.
Latest News
Our Frequently Asked Questions for Post-divorce Financial Claims
+ Does getting divorced mean we are no longer financially tied to one another?
No. Getting a divorce or dissolution of your civil partnership does not automatically sever the financial responsibilities and obligations you have to one another. Your ex-spouse still has the same claim on your wealth. This right exists until your ex remarries or the divorce court approves a financial consent order with a clean break clause.
+ Can I still make a post-divorce financial claim if I remarry?
The so-called ‘remarriage trap’ is a situation where someone marries a new partner before finalising a financial order in their divorce. Doing so waives the right you have to a claim on your ex-spouse’s finances. This can make things very complicated if there are still assets to split.
If you intend to remarry before the financial settlement from your previous relationship has been finalised, it’s important to get legal advice as early as possible and make sure you deal with the finances from your previous marriage first.
+ Is there a time limit for making a financial claim after a divorce?
There is no time limit on making a claim against your ex-spouse if you do not have a financial order in place. It is common for divorcing couples with no assets to neglect to make a formal financial settlement, but this can leave you vulnerable to a claim on any wealth you acquire later on.
+ Could my ex-spouse have a post-divorce claim?
A former spouse is entitled to a claim on your money or assets at any point up until they re-marry unless you obtain a court-approved financial order with a clean break clause. While assets acquired post-separation may be excluded from the financial settlement, there are exceptions. Any new asset you acquire is not necessarily out of reach of your ex-spouse and the law surrounding financial remedy proceedings can be complex.
This means your ex-spouse could claim your money or assets after your divorce. Whether they are successful or not, is another story but this could create more stress for you at an already difficult time.
If you’re thinking of buying property, starting a business, or you’re expecting to receive a large inheritance before your financial settlement is concluded, it’s essential to get specialised legal and financial advice beforehand.
+ How are finances split in divorce?
There are certain considerations the court will make when approving a financial consent order or making a financial order. Section 25 of the Matrimonial Causes Acts 1973 sets out the elements for the court to consider:
- The Income, earning capacity, property, and other financial resources of both parties
- The financial needs, obligations, responsibilities and standards of living of both parties
- The age of the couple and the duration of their marriage
- Any physical or mental disability of either individual
- The contributions each party made to the welfare of the family including taking care of the home and any children
- The value of a benefit such as a pension that will be lost to one person when the couple split
- The conduct of either party, but only if it was so bad that it’s impossible to ignore as a factor.
+ What is a clean break?
Legally a clean break refers to a court order that ends all financial ties between a couple for good. Even if a couple has no money, they should apply for a Clean Break Order at the time of the divorce. For couples with straightforward assets to split, a clean break clause can be written into the financial consent order.
Sometimes it is not possible to have a clean break right away, such as when there is spousal maintenance to pay, but plans can be put in place to defer the clean break until a specific event in the future.
Once a Clean Break or Financial Order including a clean break clause has been implemented the financial ties are cut between you and your spouse. This means you are as financially free from one another as if you had never been married.
+ How are pensions dealt with in divorce?
A pension can be one of your highest-value marital assets. Pensions are often overlooked during the financial settlement, perhaps because they are not front-of-mind in the same way as the family home or a joint bank account. This often makes pensions a source of post-divorce claims.
The three most common ways to deal with pensions are:
- Pension sharing – The pension pot is split and the person receiving their share opens their own pension plan, often with the same provider, and starts dealing with it independently.
- Pension offsetting – The value of the pension is calculated and the holder gets to keep their pension while the other receives cash or assets of the same value.
- Pension attachment order – A portion of the pension is earmarked for the benefit of the other spouse. This is rarely done because it does not allow for a clean break and the person in receipt of the attachment order loses the pension benefit if they remarry.
+ When should you apply for a financial court order?
It is recommended that you finalise your financial settlement at the point of your divorce. Solicitors often advise you to apply for a consent order between the conditional order and the final order.
The consensus is that it’s a good idea to get it done and dusted while you’re still married to try and avoid any painful financial wrangling later on. It’s better to end your financial ties sooner rather than later and avoid letting the financial remedy proceedings drag on too long, for the benefit of everyone involved.