Grandparents’ rights to see grandchildren
One of the common misconceptions surrounding family law is that grandparents have an inherent or automatic right to see or
Divorce financial settlements: how assets are divided
Our family lawyers are here to help you reach a fair financial settlement, providing you and your family with financial security.
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Overview
Divorce financial settlements can be complex – here is what you need to know
What is a financial settlement in divorce?
Financial arrangements are often one of the most challenging parts of divorce, with long-term consequences for your financial security. Clear legal advice can help you understand your options and move forward with confidence.
A financial settlement sets out how your assets will be divided after your divorce, and what that means for your future. These can include:
- income, savings and investments
- business assets
- property
- pensions.
In some cases, inheritance and other non-matrimonial assets may also be considered.
How we can help you
Your situation is unique. We will take the time to understand what matters to you, so you can make clear and confident decisions.
We will manage negotiations on your behalf, aiming to reach an agreement without unnecessary conflict. If this is not possible, we will represent you in court and guide you through the process.
Any financial settlement must take account of the needs of any children and provide practical, sustainable support for the future.
Can I reach a financial settlement without going to court?
Court proceedings can be stressful, time-consuming and costly. Many people reach an agreement without going to court, with the support of a solicitor or mediator.
When agreeing a settlement, the following are usually considered:
- whether you have children
- how long you have been married
- your age
- your income, property and savings
- your ability to work
- your living expenses and standard of living.
You can reach an agreement without going to court, as long as the outcome is fair.
Putting children first and securing their financial future
We will help you make sure the needs of any children are put first. If your case goes to court, this will also be the court’s priority.
Alongside arrangements for care and time spent with each parent, financial support is a key part of any settlement. The outcome needs to be fair, but also realistic and sustainable.
Financial commitments that cannot be maintained do not create long-term security.
The family team at Tees is led by dedicated and committed partners whose professionalism percolates through the whole department.
How is my financial settlement worked out?
Our guide to financial settlements during divorce explains how the settlement is worked out. Key factors include:
- How to divide family assets, such as the family home
- How to provide continuing financial support, such as child maintenance options
- How to support both of you financially after divorce, possibly through a pension sharing order
- How business assets are divided in divorce
- How pensions, inheritance and non-matrimonial assets are treated
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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
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Our expertise
Key areas our family law solicitors can help you with include:
- Dividing assets, including the family home
- Providing continuing financial support, such as child maintenance options
- Ensuring both parties are financially secure, possibly through a pension sharing order
- Business ownership and dividing business assets
- Pension agreements and inherited or non-matrimonial assets.
We’ll support you in all areas of family law from divorce mediation to court appearances, and prenuptial and postnuptial agreements.
Complex divorce case study: financial remedy and child arrangements support
Tees supported a client through a challenging divorce involving contested financial remedy proceedings, property disputes, and child arrangements. After 15 years of marriage, the husband faced significant financial complications, including debts, a disputed family home, and complex pension assets. Amid rising tensions and the impact of conflict on his teenage children, our team worked closely with all parties to secure a fair settlement and protect family relationships.
Legal and financial support, working together
When you are dealing with family law matters, legal and financial decisions often overlap. Having both in one place can make things clearer.
At Tees, our family lawyers and independent financial advisers work together to support you through mediation, court proceedings, and future planning. Once a financial settlement is agreed, we help you look ahead with practical, joined-up advice tailored to your situation.
Our advisers are authorised and regulated by the Financial Conduct Authority, so you can be confident in the advice you receive.
We support a wide range of clients, from those with complex finances to those needing straightforward guidance. We also understand the particular challenges of the agricultural sector, where business and personal interests are closely linked. If you’d like to speak to one of our team, we are based in Bishop’s Stortford, Camridge, Chelmsford, North Herts and Saffron Walden, but we can help you wherever you are in England and Wales.
£20m divorce settlement: Tees resolves complex financial dispute
Tees Law navigated a complex financial settlement for Benjamin, resolving shareholding and tax issues post-divorce. Our multi-disciplinary team ensured a strategic, tax-efficient solution, securing a seven-figure settlement and protecting his future wealth.
Talk with Tees: demystifying common confusion surrounding finances and divorce
Our experience in financial settlements in divorce cases
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Frequently asked questions
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Divorce financial settlement FAQs
What is a divorce financial settlement?
A divorce financial settlement is a legally binding agreement that sets out how assets, income, pensions, savings and debts will be divided between spouses following divorce.
This may include:
The family home
Investment properties
Savings and investments
Pensions
Business interests
Personal belongings of significant value
Ongoing maintenance payments
A financial settlement can be agreed through negotiation, mediation, solicitor-led discussions, or determined by the court if agreement cannot be reached.
Do we automatically split everything 50/50?
Not necessarily.
While the court often starts with the principle of equal division, fairness — not strict equality — is the legal objective under the Matrimonial Causes Act 1973.
The court considers factors including:
The welfare of any children
The income and earning capacity of each spouse
Financial needs and obligations
Length of the marriage
Contributions made (financial and non-financial)
Age and health of both parties
Every case is fact-specific. Achieving the right outcome requires tailored legal advice.
What happens to the family home in a divorce?
The family home is often the most valuable asset in a divorce.
Possible outcomes include:
One spouse buying out the other’s share
The property being sold and proceeds divided
Deferred sale arrangements (often where children are involved)
The best solution will depend on affordability, mortgage capacity and the needs of any children.
Are pensions included in a divorce financial settlement?
Yes. Pensions can be one of the largest assets in a marriage and are commonly subject to division.
There are three main approaches:
Pension sharing orders
Pension offsetting
Pension attachment orders
Given the complexity of pension valuation, specialist advice is essential to ensure long-term financial security.
What is spousal maintenance?
Spousal maintenance is ongoing financial support paid by one spouse to the other following divorce.
It may be appropriate where:
One party has significantly lower earning capacity
There has been a long marriage
One spouse sacrificed career progression to care for children
Maintenance can be agreed for a fixed term or on a joint lives basis, depending on the circumstances.
How long does a divorce financial settlement take?
The timeline varies depending on:
The complexity of assets
Whether an agreement can be reached
Court availability (if proceedings are required)
An agreed settlement can often be finalised within several months. Contested court proceedings may take significantly longer.
What is a consent order and why is it important?
A consent order is a court-approved document that makes your financial agreement legally binding.
Without a consent order:
Financial claims remain open
Either party could bring future claims
There is no final financial clean break
Even if matters are agreed amicably, a consent order is strongly recommended to protect your financial future.
Can we agree a financial settlement without going to court?
Yes. Many couples resolve finances through:
Negotiation between solicitors
Mediation
Collaborative law
Court proceedings are usually a last resort. Resolving matters constructively can reduce cost, stress and delay.
What happens if my spouse is hiding assets?
Both parties have a legal duty of full and frank financial disclosure.
If assets are concealed, the court has wide-ranging powers to:
Compel disclosure
Set aside agreements
Penalise non-disclosure
Early legal advice is critical where transparency is a concern.
When should I seek legal advice?
You should seek advice:
Before agreeing any financial division
If you are concerned about protecting assets
If your spouse has significantly greater wealth or income
Where business assets or pensions are involved
Taking early advice ensures you understand your rights and options.
