Divorce Financial Settlement Solicitors

There are no predefined answers as to who gets what in a divorce settlement. The laws around financial settlements in divorces are designed purposely to allow for settlements to be agreed on an individual basis. This makes sure the final settlement is fair to both you and your partner, which doesn’t always mean assets will be split exactly in half.

Financial settlements in divorces focus more on ensuring that both you and your partner can be as financially independent of each other as possible after separating.

To get an idea of what you could be entitled to in a financial settlement, contact our solicitors today. Once we know a little more about your situation, we’ll be able to advise you on what your settlement could look like.

It’s essential that you and your partner are open and honest about your wealth during your divorce.

The out-of-court processes for divorce – such as negotiation, mediation, collaborative law and arbitration – only work if you both give full and frank accounts of financial circumstances.

If you suspect that your partner is hiding assets, you're entitled to ask questions and seek documentation.

Our family law teams are experienced in handling complex and high-profile divorce cases. We know the signs that someone may not be behaving honestly, and we’ll apply the law robustly to ensure you get the fair settlement you deserve.

If you have any concerns that your partner is hiding some of their wealth, it's important to speak to an expert as soon as possible.

If you're unmarried, you won't have the same rights as people who are married or in a civil partnership. If you decide to separate you don’t automatically have the right to each other’s finances and property. For more information please see our unmarried couples pages.

How long financial settlements take to agree depends on:

• Your unique circumstances
• The process you choose to use
• Whether your partner is co-operative.

Out-of-court settlements are often quicker because you do not need to wait for court hearing dates etc. We offer many services to help you agree your divorce without going to court. We have one of the UK's first arbitration lawyers, and we also offer mediation, negotiation and collaborative divorce services.

These out-of-court divorce processes can frequently finalise a divorce within 7-12 months. If you must go to court, the timeframe could be anything from 7 months to two years.

If you have children, you and your partner are required to try and reach an agreement about finances relating to them.

You can do this as part of a collaborative divorce or with the help of a trained mediator at the same time as agreeing your financial settlement.

You do not need a financial settlement to complete your divorce. However, an financial claims remain outstanding against each other meaning that you could be liable for any future payments or claims against your assets. 

The length of a marriage significantly affects the terms of a financial settlement. How long you and your partner lived together before marrying is also considered. Whether or not you have children will also have a significant impact on the terms of a financial settlement.

The support you and your partner have given each other to enhance the other’s earning potential is also considered. Generally, the longer the marriage, the more likely the sharing principle applies.

As every case is different, it's important to have an experienced team at your side. We are one of the UK's leading family law firms, with solicitors who have challenged – and even changed – the law. So, you can be confident that our personalised service will give you the best possible chance to reach the resolution you deserve.

If you and your ex-partner don’t have a clean break financial consent order, then one of you could make a claim against the other at a later date. This might be an issue if your partner experiences hardship in the future, or if you experience a sudden financial windfall.

If you think your partner was dishonest about their wealth when the financial order was being agreed, you could bring a future challenge. We have significant experience in this area, so you should contact us if you're concerned that your partner did not disclose their assets.

Yes, we can help you to achieve a financial settlement if you are getting divorced in Scotland.

We work with a range of trusted partners and legal experts who can work with our clients who live in Scotland.

Contact us today to discuss your situation in an initial fixed fee consultation.