When a marriage or civil partnership comes to an end, it is important to obtain a final financial order from the court to settle your financial obligations to each other. This can be done either by consent, if its terms are agreed between you, or in court proceedings where a judge will decide.
The law allows married and civilly partnered people to ask the court to order regular maintenance payments, lump sums, a transfer or sale of property, to divide pensions and to change certain trust arrangements. Not all of these arrangements will be appropriate in every case. Existing maintenance and certain other ongoing orders can usually be varied.
The vast majority of financial orders after divorce or dissolution, and variations, are made by agreement. The terms of a financial settlement can be negotiated in mediation, in the collaborative process, or using traditional solicitor-to-solicitor negotiation techniques and court proceedings if necessary. In urgent cases where assets are at risk, however, it will be essential quickly to seek the court’s involvement.
The law allows someone who fears their spouse may not be playing fair in financial matters to ask the court to intervene to preserve property, set aside a particular transaction, or to freeze assets in extreme cases. It also provides methods for the enforcement of orders against those who do not willingly comply.
Please download our information sheets if you would like more details about making financial arrangements after divorce or dissolution. Alternatively, you can call Kathryn, Tricia, Jeremy, Adam, Gail or Simon on 01223 443333 for a confidential initial discussion.