Plain speaking divorce, family and property law solicitors.

Sorting out the finances and family home is perhaps the most daunting prospect of any divorce. The Courts have a wide-ranging discretion when it comes to dividing up a married couple's assets on divorce, and similarly on dissolution of a civil partnership.

The Courts can make orders to sell, transfer or charge property, for the payment of lump sums, for the sharing of pensions and as to the making of maintenance payments. Generally, the CSA now deals with any child maintenance disputes but the Courts can still make financial provision for children by way of school fees’ orders and lump sum provision in certain cases. Before the Court makes any orders, it gives consideration to a list of factors, so these same factors must be considered in any negotiations.

Careful thought must also be given to the implications of any proposed sale or transfer of assets, particularly, for example, in relation to any corporate restructuring of the family business or tax repercussions.

This is why it is so important to take professional advice before considering any form of financial settlement. The family finances will need to be considered in detail, which is why financial disclosure from both parties is the first step. We can then help you to divide up the assets and liabilities fairly and to agree a workable and realistic financial settlement. In this way, most couples do resolve their finances without going to a final Court hearing. The agreed settlement (which will be on a ‘clean break’ basis wherever possible), is then usually made up into a Court Order which is binding and enforceable.