Financial Settlement Solicitors

Reaching a fair financial settlement is one of the most important stages of any divorce or civil partnership dissolution. Whether you are dealing with straightforward finances or substantial, multi-layered assets, having clear legal guidance can make the process feel more manageable and protect your long-term financial position.

At JMW, our financial settlement solicitors draw on extensive experience advising clients across the full range of financial circumstances - from family homes and savings to business interests, investments, inherited wealth, pensions, trusts and international assets. We understand how difficult separation can be, and we work closely with you to secure a fair financial settlement that reflects your needs and protects your future.

Our family law team is recognised for its work in high-value financial settlements, complex disclosure issues, and cases involving family businesses and significant assets. We provide clear, strategic advice from the outset, helping you understand your options and the likely shape of a financial agreement under UK divorce law.

Whether your priorities centre on housing stability, financial independence, safeguarding inherited assets, or achieving clarity for children, we approach every case with care, precision, and a focus on securing the best possible outcome for you.

Testimonials

Meet Our Team

JMW’s family law team provides expert advice and compassionate support to help you navigate life’s most sensitive legal matters, from divorce and financial settlements to child arrangements and cohabitation disputes. We’re here to guide you through every step with clarity, care, and confidence.

Case Studies

Q

How is a financial settlement calculated?

A

There is no fixed formula for determining a divorce settlement, and this area of divorce law can be complex. However, the court follows clear principles to reach a fair outcome based on the specific circumstances of each case.

The starting point is fairness. In many situations, this means sharing the matrimonial assets built up during the relationship while assessing the financial needs of each party. The court considers a range of factors, including financial resources, ages of the parties, income, earning capacity and the length of the marriage. The welfare of any dependent children is always the court’s first consideration.

Fairness does not automatically mean a 50/50 split. There are many cases where an equal division would not meet needs or produce a balanced outcome - for example, where one party has a lower earning capacity or is the primary carer for children and requires a larger share of the capital to move house.

Where both parties’ needs can be comfortably met from the available financial assets, an equal division is more likely to be appropriate, subject to factors such as:

• Whether certain assets should be treated as non-matrimonial, such as inherited wealth or pre-marital business interests.
• The length of the marriage or civil partnership.
• Health needs or disabilities.
• The existence of a prenuptial or postnuptial agreement.

To achieve a fair financial settlement, the court has the power to make a combination of orders, including:

• Lump sum orders
• Property adjustment orders mandating the sale or transfer of assets
• Clean break orders, ending financial ties between former partners
• Spousal maintenance orders, for a fixed or indefinite period
• Pension sharing orders, dividing pension provision fairly

These orders may be imposed by the court after a contested hearing, but in most cases they are approved once the parties reach agreement. This is formalised through a financial consent order, which makes the settlement legally binding and prevents future financial claims.

It is essential that any consent order is properly drafted to ensure it provides clarity, certainty, and long-term protection. Speak to our divorce financial settlement lawyers in our family team for more advice.

Q

Does length of marriage affect a financial settlement?

A

The length of the marriage is a key factor the court considers when determining a financial settlement, and it forms part of the court’s very wide discretion when deciding what is fair.

In longer marriages, the parties are more likely to have built a high degree of financial interdependence. Assets acquired during the marriage - including property, pensions, and business interests - are more commonly treated as matrimonial assets, and the focus will be on meeting both parties’ needs and ensuring stability for any dependent children.

In shorter marriages, the court may place greater emphasis on the assets each party brought into the relationship, and it may expect both individuals to move toward financial independence more quickly. However, this is not always the case; the presence of dependent children, disparities in earning capacity, or significant financial needs may alter the outcome.

When assessing the “length” of the marriage, the court also includes any period of continuous cohabitation immediately before the wedding or civil partnership registration, provided the transition was seamless.

If you would like to explore this topic further, read our detailed article on how age and length of marriage can affect a divorce financial settlement.

Q

Can a final order be granted without a financial settlement?

A

A final order can be granted even if your financial settlement has not yet been resolved. The divorce or civil partnership dissolution can be finalised before financial matters are concluded, but doing so is not always advisable.

In many cases, there is a significant financial advantage to delaying the final order until a financial order has been approved by the court. This is particularly important where pensions, inheritance rights, or widow or widower’s benefits may be affected.

There are limited situations in which pressing ahead with the final order may be appropriate - for example, if one party has a strong need to remarry - but these cases are rare. The greater risk is that, if your former spouse or civil partner were to die before a court-approved financial settlement is in place, the consequences could be severe.

Once a marriage or civil partnership has legally ended:

• You lose the legal status of spouse or civil partner.
• Pension sharing orders cannot be made against a deceased person’s pension.
• Survivor benefits available to widows, widowers, or surviving civil partners are almost never available after divorce or dissolution.

Those survivor benefits may not be identical to what could have been obtained through a pension sharing order, but they often provide some degree of financial protection, which is lost if the final order is granted too soon.

If resolving finances is delayed and you would face serious disadvantage should your spouse or civil partner die unexpectedly, it is sometimes possible to apply for a court order preventing the final order from being made. This is a complex area of divorce financial settlement law and requires early, specialist advice.

JMW’s financial settlement solicitors can help you assess the timing of each step in the process, ensuring your long-term financial position is protected before your marriage or civil partnership is legally brought to an end.