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.

If you would like to discuss your situation with a member of our team, call us on 0345 872 6666 or complete our online enquiry form for a call back.

Alternatively, if you are in need of specialist legal advice to facilitate a separation, visit our divorce solicitors page.

How JMW Can Help

Our family law team will guide you through the process of settling financial matters after a divorce with clarity and confidence, and help you reach a settlement that protects your future and reflects your financial circumstances.

At JMW, you benefit from the support of one of the UK’s leading financial settlement solicitor teams. Our family law department includes specialists recognised by the Legal 500 and Chambers & Partners for their work on high-value financial remedy cases, including matters involving cross-border assets, family businesses, trusts, inherited wealth, pensions, and multi-jurisdictional issues.

Every financial settlement is unique. We will work with you to:

• Understand the full scope of your financial assets and how the law will apply to them, including non-matrimonial property, pensions, investments, and business interests.
• Steer the negotiation process, whether through solicitor-led discussions, mediation, or Court.
• Protect your position if your former partner is unwilling to provide full and frank financial disclosure.
• Prepare and secure a legally binding financial order, ensuring your agreement is enforceable and closes the door to future financial claims.
• Represent you robustly in family court proceedings where negotiations fail.

Clients often instruct us because we combine technical expertise with a clear, strategic approach. We take pride in offering practical, forward-thinking advice that helps make sense of complex financial circumstances.

We act with care and determination at every stage, formulating a flexible legal strategy that adapts to changing circumstances and supports you throughout the process. You can read more about the experiences of our clients.

Whether your case involves high-value assets or everyday financial arrangements, speak to our divorce financial settlement solicitors. We are committed to securing a fair outcome that protects you long after the divorce process has ended.

If you would like to understand more about financial orders and how they work, you can explore our dedicated page for financial orders.

Meet Our Team of Family Law Experts

Our dedicated family law team provides expert advice and compassionate support on financial settlements. We are here to help you understand your legal rights when dividing assets, to secure a fair outcome for your future.

Case Studies

What Is a Financial Settlement?

A financial settlement is the formal process of resolving the financial aspects of a divorce or civil partnership dissolution. It determines how your financial assets will be divided, what your responsibilities are and will be in the future. Until a settlement is finalised and approved by the court through a consent order, financial claims remain open - even years after the divorce itself is complete.

A comprehensive financial settlement can address a wide range of financial matters:

• The family home, including whether it will be sold, transferred, or retained by one party
• Other property, including second homes, investment properties, commercial property and international real estate
• Savings and investments, such as ISAs, shares, bonds, and portfolios
• Business interests, including family businesses, partnerships, or shareholdings
• Pensions and retirement provision, including pension sharing orders
• Inherited or non-matrimonial assets, where appropriate under UK divorce law
• Debts and liabilities and how they will be divided or managed
• Spousal maintenance to support a financially dependent partner
• Child maintenance and financial support for dependent children
• School fees and other child-related expenses
• Ongoing financial obligations, including insurance policies or mortgage payments

The family court considers a broad range of factors when determining what is fair, including the needs of any children, each person’s financial circumstances, the length of the marriage, earning capacity, contributions made during the relationship, and the overall resources available.

Whether your case involves high-value assets, a family business, complex pension arrangements, or more straightforward finances, a properly structured financial settlement provides clarity, security, and a clear path forward.

How Are Financial Settlements Decided?

Most financial settlements are reached through negotiation rather than contested court proceedings. Whether discussions take place through solicitor-led negotiation, mediation, or another form of non-court dispute resolution, the starting point is always the same: full and frank financial disclosure. Both parties must provide a clear and accurate picture of their financial circumstances - including assets, liabilities, income, pensions, investments, and business interests - before any meaningful conversation about a settlement can take place.

Once disclosure has been exchanged, the focus turns to achieving a settlement that is fair in light of all the circumstances of the case. UK divorce law does not apply a presumption of a 50/50 division of matrimonial assets. While an equal split may be appropriate for some couples, there are many situations where it would not produce a fair financial outcome. Factors such as the needs of any children, earning capacity, the health of the parties, the length of the marriage, significant or inherited assets, and each person’s financial responsibilities will all be taken into account.

Even in highly complex cases involving business interests, pension provision, or high-value assets, the court does not need to manage the negotiation process. Couples can reach an agreement privately, with guidance from their financial settlement solicitors, and only a small proportion of cases ever require the court to impose a final order after a fully contested hearing.

However, no financial settlement is legally binding until it is converted into a consent order and approved by the family court. Once the court approves the agreement and a final order (formerly decree absolute) is granted, your financial settlement becomes enforceable and brings all financial claims between you and your former partner to an end. This finality is particularly important for protecting long-term wealth, preventing future financial claims, and giving you certainty as you move forward.

What Happens If the Case Goes to Court?

While many financial settlements are reached through negotiation, some cases require the structure and authority of the family court. This may be because financial disclosure is incomplete, negotiations have stalled, there are concerns about hidden assets, or the financial circumstances are particularly complex. When this happens, our financial settlement solicitors will guide you through the court process with clarity and strategic focus.

Once court proceedings begin, the process follows a structured timetable designed to ensure:

• A full exchange of financial disclosure, including all matrimonial and non-matrimonial assets.
• Clear identification of the issues in dispute.
• Early opportunities to narrow those issues and encourage settlement.
• The involvement of experts where needed - for example, to value property, business interests, pensions, or other high-value assets.

A key stage in the court process is the Financial Dispute Resolution (FDR) hearing, which acts as a without prejudice, court-led negotiation. A specialist judge will review the financial disclosure, hear arguments from both sides, and give an indication of the likely outcome if the case were to proceed to a final hearing.

Although the judge cannot impose a decision at this stage, their guidance is often persuasive. The majority of cases settle at or shortly after the FDR, avoiding the need for further litigation.

If agreement still cannot be reached, the case will move to a final hearing. This is where a judge will:

• Hear evidence from both parties and any relevant witnesses.
• Consider the valuation evidence of assets, including business interests, pensions, and international or high-value holdings.
• Apply the statutory criteria set out in divorce law to achieve a fair financial settlement.

The judge has a wide discretion and will weigh factors such as the needs of any dependent children, each party’s financial needs and resources, earning capacity, contributions during the marriage, and the overall welfare of the family.

What Can I Do if My Partner Is Hiding Their Wealth?

A fair financial settlement depends on full and frank financial disclosure. If one party withholds information, provides incomplete details, or attempts to conceal assets, the negotiation process - and any outcome - can be jeopardised. Our financial settlement solicitors are highly experienced in identifying and responding to non-disclosure, including cases involving complex asset structures, offshore holdings, trusts and business interests.

Non-disclosure can occur in various ways. Some individuals may downplay income, hide savings, undervalue business assets, or move funds between accounts. Others may deliberately transfer or dissipate assets to prevent them forming part of the settlement. Where there is evidence of this behaviour, swift action is essential.

If there is a risk that assets are being dissipated, moved offshore, or otherwise put beyond reach, it may be necessary to apply for an injunction to preserve them. The court requires strong, persuasive evidence before granting such orders, and our team has extensive experience both obtaining and resisting injunctions where appropriate.

Equally, unfounded allegations of non-disclosure can arise, often due to mistrust during the divorce process. These can derail negotiations and increase costs unnecessarily. We will address such allegations directly, ensuring the case stays focused and progresses efficiently.

Our size and depth of expertise enable us to take decisive action at short notice when serious disclosure issues arise. Whether assets are at risk of being hidden, frozen without justification, or dissipated, you should seek immediate legal advice. Early intervention can prevent long-term financial consequences and help secure a fair outcome.

Our team is equipped to manage the complexities that arise when financial disclosure is incomplete or misleading, ensuring protection of your financial position throughout the divorce process.

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.