Divorce and Finances

 

When a married couple divorce it is necessary to consider how their money and property should be divided. This can be quite complicated so it is important to talk to a specialist family law solicitor for advice.

At Tanners, our team of specialist family / divorce lawyers have a wealth of experience to ensure that you receive expert legal advice. Elizabeth Saunders and David Milburn strive to provide an excellent client service whilst achieving the best possible results for our clients. We understand how stressful and emotional a divorce can be especially when it is necessary to consider how to divide the assets of the marriage.

It is often when finances are discussed, between a separating couple, that relationships become strained and matters can become more acrimonious. At Tanners we are with you every step of the way. Our goal is to remove the stress and burden of resolving these issues and help you find constructive ways to communicate with your former spouse. We will carefully listen to your concerns and desired outcome and will expertly guide you through the process.

Our divorce solicitors in Cirencester can help you with every aspect of dividing and arranging your finances upon divorce, including:

Our clients come to us from across the Cotswolds, Wiltshire and Gloucestershire as well as from London and the rest of the UK for our expertise and high standards of client care. We have several areas of specialist knowledge, including High Net Worth divorce, divorce for farming families and divorce for business owners and their spouses.

If you would like to speak to one of our friendly, expert divorce solicitors in Cirencester, you can contact us in one of the following ways:

How we can help you with finances upon divorce

Financial Disclosure

The first step towards arranging a suitable financial settlement is the process of financial disclosure. Disclosure enables both parties to fully understand the financial circumstances of the marriage and to make informed decisions about how to divide their assets, pensions and income. This disclosure process is usually incorporated within a court form called a Form E.

The disclosure process can take place on a voluntary basis and generally requires a constructive and co-operative approach. However, unfortunately, parties can sometimes be unwilling to exchange disclosure and therefore a court application (also called an application for Financial Relief) may be required.

The process of financial disclosure typically involves setting out your income, expenditure, needs, financial interests and obligations together with supporting paperwork, such as:

  • Mortgage statements
  • Property valuations
  • Pay slips
  • Bank statements
  • Insurance policies
  • Business accounts
  • Pensions

No matter how complicated your financial situation is, our family lawyers can guide you through the financial disclosure process. In particular, we have expertise handling:

  • Disclosure for High Net Worth individuals
  • Matters involving complex finances, such as:
    • Agricultural/rural assets and farmland
    • Business assets

We can also assist where the other party is particularly reluctant to disclose their assets – read more about Non-Disclosure and Finding Hidden Assets here.

Divorce Financial Settlements

The agreement you come to in the course of financial negotiations with your partner is referred to as the Divorce Financial Settlement. In many cases, divorcing couples are able to voluntarily reach an agreement and the support and guidance of an expert solicitor during this time can be indispensable.

We are able to help you negotiate on all the issues associated with separating your finances upon divorce, including:

  • What should happen to the family home
  • Dividing assets such as:
    • Second homes, holiday homes and investment properties
    • Belongings, such as cars and furniture
    • Savings and investments
    • Pensions
  • Negotiating business interests
  • Agreeing child maintenance and spousal maintenance

Much of the Divorce Financial Settlement can be arranged out of court, and wherever appropriate we can also assist you with methods of Alternative Dispute Resolution such as mediation and collaborative law. We can also provide advice about applying to court to make any voluntary arrangement legally binding in the form of a Consent Order. This will sever all financial ties between you and your former spouse and prevent them from making further financial claims against you in future.

Divorce Financial Orders

Where voluntary agreement is not possible, the court has powers to make a range of Financial Orders. In court proceedings is it important to have a clear plan and strategy from the outset of the case. This will ensure that you achieve the financial settlement that meets your needs. We understand our clients’ needs and always aim to deliver the best financial settlement that provides for those needs.

Spousal maintenance

We can help you negotiate a suitable spousal maintenance arrangement with your spouse that takes into account all your resources and needs. Alternatively, if agreement is not possible, we can help you apply to court to make a fair decision based on your needs and other relevant factors, including your non-financial contributions to the marriage such as time spent raising the children.

Financial provision for children

Making sure that your children’s needs are met is likely to be at the top of your priority list during financial discussions with your former spouse. Divorce matters involving children can quickly become contentious so getting the right support is essential. We can assist with all divorce financial matters involving children, including:

  • Arranging child maintenance – either voluntarily, using the Child Maintenance Service, or (in some cases, such as those involving High Net Worth individuals) through the courts
  • Seeking court orders for capital lump sums or the transfer of property to provide the children with a home

Divorce and pensions

We can assist with a range of pension arrangements upon divorce, including:

  • Pension sharing – transferring a proportion of one spouse’s pension into the other spouse’s name
  • Pension offsetting – giving one spouse a greater share of the other matrimonial assets to offset the value the other spouse receives from their pensions
  • Pension attachment – entitling one spouse to receive a portion of the other spouse’s pension when they start receiving their pension benefits

Divorce and companies

We specialise in complex divorce matters involving businesses. We regularly work closely with forensic accountants, tax experts and other professionals to help individuals understand the value of their business interests and effectively negotiate divorce financial settlements based upon this.

Divorce finances for farming families

We have specialist experience working with farming families to arrange and divide agricultural and rural assets upon divorce. We are highly reputed for our skills in this area with clients coming to us from across the Cotswolds, Wiltshire, Gloucestershire and beyond for our bespoke advice and sympathetic approach.

Undisclosed and hidden assets

Where your spouse is not forthcoming about the extent of their assets, you can trust us to take a firm approach. We regularly work with specialist forensic accountants to uncover the true value of individuals’ wealth. We can also take action to prevent divorcing parties from hiding and disposing of assets with the intention of depriving you during the financial negotiations.

How we handle divorce finances for our clients

Using Alternative Dispute Resolution for divorce finances

In most cases, divorce financial matters can now be handled without the need for contentious court proceedings. We recognise the value that cooperative out-of-court agreements can have for divorcing couples. Therefore, we have developed our skills in various methods of Alternative Dispute Resolution, including family mediation and collaborative law.

Typically, ADR makes the financial aspects of divorce much cheaper and more straightforward for separating couples. You can set your own timetable for discussions, eliminating long waits for hearing dates and allowing you to arrange meetings around your own schedule. ADR processes also tend to put less pressure on you, encouraging friendlier discussions and helping you maintain a better relationship with your former spouse.

Family court proceedings for divorce

It is not always possible to come to an agreement out of court. Where appropriate, we can provide advice about applying to court for an independent decision about how your finances should be split. We can also help you prepare and provide expert representation at any hearings that take place.  

Why choose Tanners for help with divorce and finances?

Our Family Law team is independently recognised for our expertise and high standards of client care. Our department’s lead Partner, Elizabeth Saunders has been ranked Band 1 in Family and Matrimonial law by prestigious client guide, Chambers & Partners. Elizabeth is also a trained collaborative lawyer and an accredited Resolution specialist in advanced financial provision.

Our team also includes David Milburn, a Partner with over 20 years of family law experience. David has been highly recommended by another prestigious client guide, the Legal 500 as, a “ great tactician” and “highly astute divorce lawyer”.

Tanners Solicitors is independently regulated by the Solicitors Regulation Authority (SRA).

Speak to our divorce solicitors in Cirencester today

If you would like to speak to one of our friendly, expert divorce solicitors in Cirencester, you can contact us in one of the following ways: