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Financial Dispute on Divorce

Helping a couple work out a financial settlement following a divorce is one of the key tasks of a family lawyer.  Because the financial settlement plays such a key role in the type of future each spouse may have following the divorce, disputes over “who gets what” can quickly escalate.

Our London based, family law solicitors, headed by Ms. Jordana Adams, are committed to providing clients with the best practical advice available when it comes to working out the financial settlement during a divorce.

To speak to our top family law solicitors based in the City of London, please contact us on 0203 959 9123, or contact us through our online enquiry form.

For more on how our Family team can help you, visit our dedicated Family Law site.

With over five years’ experience in family law and litigation, Ms. Adams is a member of Resolution, an organisation of 6,500 family lawyers who follow a strict Code of Practice and undertake extensive, ongoing training with an aim to resolve family law matters in a constructive, non-confrontation manner.  Resolution members also campaign for improvements to the family justice system.

OTS Solicitors strives to assist couples to resolve financial disputes in a non-confrontational manner.  As with all the best divorce lawyers, we work to avoid couples ending up in court. We support them to find workable, long term solutions to resolving financial disputes.  This is achieved by encouraging round-table negotiations and mediation, both of which Ms. Adams and her team are highly experienced at organising and facilitating.

How financial agreements are formulated during a divorce

Under English law, financial settlements are reached by assessing the needs of each spouse along with other factors.  A 50/50 split of property and assets may be a starting point, but in many cases, it will not provide a fair and reasonable solution.  For example, if one party must find a new home for themselves and the couple’s children, a 50/50 split of the assets may not provide the funds necessary to do that.

Helping couples work out a financial settlement between themselves

As members of Resolution, we aim to encourage and support couples to work out a financial settlement between themselves, without having to seek a Financial Order from the court.

Research shows that by encouraging couples to resolve financial disputes between themselves, the settlement they reach is more likely to stick and be workable long-term.

Ms. Adams and her team support clients in this non-confrontational approach to reaching a fair financial settlement by outlining the options available to them, including round-table negotiations and mediation.

If you and your spouse are able to work out how to split the matrimonial property and assets between yourselves, we can draft a Consent Order which will confirm your agreement.

However, if alternative dispute resolution methods do not achieve a financial settlement that you and your spouse can agree on, an application can be made to the court for a Financial Order (formally known as an Ancillary Relief Order).

The starting point for the court when ruling on financial disputes in a divorce is outlined in the Matrimonial Causes Act 1976, section 25.  The factors to be considered include:

  • the income, earning capacity, property, and other financial resources that each of the parties to the marriage has or is likely to have in the foreseeable future, including, in the case of earning capacity, any increase in that capacity that, in the opinion of the court, should be taken into account
  • the financial needs, obligations, and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future
  • the standard of living enjoyed by the family before the breakdown of the marriage (this is particularly applicable in high-net-worth divorce cases)
  • the age of each party to the marriage and the duration of the marriage
  • any physical or mental disability of either of the parties to the marriage
  • the contributions that each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family
  • the conduct of each of the parties, if that conduct is such that it would, in the opinion of the court, be inequitable to disregard it

Spousal Maintenance

Spousal maintenance is income paid by one spouse to another following a divorce.  It is in addition to child maintenance.  The amount of spousal maintenance awarded depends on each spouses’ needs and income-earning potential.  The current trend is that the court will interpret ‘needs’ generously.

Awards can be made for a short duration, to allow one spouse to get financially on their feet, through to lifetime support.  All spousal maintenance orders automatically end on the remarriage of the recipient. Significantly they do not end automatically by law on cohabitation as this does not create a legal commitment between a couple.

It can be difficult for the spouse who is required to pay spousal maintenance to accept that they may have an obligation to financially support their ex-spouse for many years following a divorce.  Our family lawyers have the experience required to provide pragmatic advice to the financially stronger or weaker party to the marriage, so they understand what the court may award in terms of spousal maintenance.

Why Choose OTS Solicitors?

Divorce is one of life’s most stressful events.  Our family law solicitors provide clients not only with the best legal advice and representation but with ongoing support.  We genuinely care about protecting our clients’ best interests and ensuring they receive a fair and reasonable financial settlement.

When you instruct our family law team, you can be confident that your needs will be listened to and you will be kept up-to-date throughout the duration of your matter.

Financial disputes relating to a divorce can be settled amicably in many cases, helping families create and preserve the communication and goodwill required to move forward into the future.

For a more detailed discussion regarding your financial dispute, or to book an appointment with a member of our family law team, please call us now on 0203 959 9123.

For more on how our Family team can help you, visit our dedicated Family Law site.

Your Questions and our answers about Financial Dispute on Divorce

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We would recommend that you obtain legal advice in respect of your rights as to the property. This is because we would need to have full details as to your circumstances in order to advise you whether there is a way for you to claim a share of the property.

Top book an appointment, please call us on 0203 959 9123 or contact us here.

Thank you for getting in touch with us.

Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.

In the meantime, you can also call us on 0203 959 9123 or contact us here.

Thank you for your enquiry.

Finances and children matters can be complicated and there may be no right or equal division of assets or share re contact time. Everything will assessed before a decision can be made by the courts i.e. parties’ financial disclosures, assets, needs and contribution to the marriage. More importantly the children’s needs will have to be met foremost.

Please get in touch on

0203 959 9123 or contact us here.

Thank you for your enquiry.
You and your husband will need to give what is called “full and frank” financial disclosure of your assets when you either negotiate a financial settlement or if one of you starts financial court proceedings.
Once you have your husband’s financial disclosure, your divorce solicitors will be able to review it and check if there are any discrepancies or evidence that assets have been hidden from you, for example shares, investments or additional bank accounts.
As you own a family business with your husband you could ask a forensic accountant, within the financial court proceedings, to look at the business value and look for any discrepancies, for example movements on a directors loan account.
If you are concerned that your husband might sell or dispose of assets then you could apply to court for an injunction order to stop him from doing so.
You do need family law advice on the financial disclosure and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
family law team OTS Solicitors
When a husband and wife get divorced, they can make financial claims against one another, including claims against a business. The fact that the majority of the shares are held in your husband’s name does not matter if the business is a family asset. A family court can take the value of all the shares in the business into account when making a financial court order or making orders in relation to the shares.
You should not transfer your shares to your husband without first getting legal advice from a divorce solicitor. Even if you signed a shareholder agreement, the divorce court has wide-ranging powers in relation to business shares. The court could order a valuation of the shares, and ultimately could order the sale or transfer of your shares or those of your husband.
A number of factors will determine if a court will order the transfer of your shares to your husband and we would need to see you to discuss your individual personal and financial circumstances to give you an idea of the likely financial settlement that might be negotiated or ordered by the court if you cannot reach an agreement.
You may need urgent legal and accountancy advice depending on the date of your separation from your husband.
Divorces involving family businesses and shareholdings can be complicated as it is important that the business and shares are properly valued.
You do need family law advice on the shares and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
family law team OTS Solicitors
Thank you for your enquiry.
We would need to see the financial court order and look at the spousal maintenance clauses to advise you.
In some spousal maintenance court orders, the court order will state that the spousal maintenance will stop early if the person receiving the spousal maintenance cohabits with another person. If your order does not say that and your ex-husband has stopped the spousal maintenance payments, you could apply to court to enforce the spousal maintenance order.
Even if the spousal maintenance court order does not say that the spousal maintenance will stop early if the person receiving the spousal maintenance cohabits, your ex-husband could apply back to court to stop the spousal maintenance payments or reduce the amount he pays each month.
We would need to discuss with you whether your boyfriend would be classed as cohabiting with you. A boyfriend can stay a few nights a week and the court can say it is cohabitation. The definition of cohabitation is a bit complex. However, even if your boyfriend was living with you full time this may not necessarily affect the spousal maintenance payments. It all depends on your personal and financial circumstances.
You do need family law advice on the spousal maintenance payments. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. When coming in to see us please bring the financial court order with you so we can advise you. Please call us.
Jordana Adams, Family Solicitor
Thank you for your enquiry.
If you are paying your former wife spousal maintenance, then the spousal maintenance payments should stop when she remarries.
You mention that you are paying child support but do not say if that is on a voluntary basis, after a child maintenance service assessment or under a family court order. You should not change the child support payments without first taking legal advice.
The amount you pay in child support should not be effected by your former wife’s remarriage and her husband’s financial circumstances. However, a family solicitor can advise you on whether you are paying the correct amount of child support based on your current income and other factors. If the child support is being paid under a child maintenance service assessment or court order, a variation application could be made.
You do need family law advice on your child support payments. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
family law team OTS Solicitors
As your wife is an employee of the company, she will have employment law claims as well as being able to start a financial application in the divorce court.
You should not take any action in relation to her Employment without first speaking to an employment law solicitor. If you were to performance manage your wife out of her job or sack her or give her grounds for a constructive dismissal claim your wife could bring both employment law tribunal proceedings as well as a spousal maintenance claim as a result of her loss of income.
When a spouse is employed in a family business, it is usual to negotiate a financial settlement that includes a promise that the family financial court order settles both family law financial claims as well as any employment law claims. Normally, as part of the overall family financial settlement, your wife would resign from her job but without being able to bring any future separate employment law claims against the company.
It is very important that you do not do anything prematurely to enable your wife to bring an employment law claim and a claim for interim spousal maintenance.
You do need family law advice on reaching a financial settlement with your wife. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
family law team OTS Solicitors
When a husband and wife get divorced, they can make financial claims against one another, including claims against pensions. Whether your wife would be successful in bringing a claim against your pension depends on your individual and personal circumstances.
A number of factors will determine if a court would award your wife a share of your pension , such as your ages , the length of time that you have lived together as man and wife , whether you have children together , the extent of your other assets and property , and both of your needs .
The court has the power to make a pension sharing order so that your pension is shared with your wife. However, the pension share does not have to be 50%. It all depends on the range of factors. Another option is for the court to offset the value of your pension by giving your wife a greater share of the non-pension assets and leaving you with your pension intact.
Divorces involving pensions can be complicated as it is vital that the pension is properly valued and proper consideration is given if the pension was accrued prior to your marriage.
You do need family law advice on financial settlement and pension sharing and offsetting. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
Jordana Adams, Family Solicitor
I am sorry to hear about the difficulties with the sale of your family home.
It sounds like the court made a financial court order and, as part of that order, said the family home should be sold. Normally a financial court order that includes an order for the sale of a family home will include extra clauses setting out how the sale will be achieved, for example, setting out a mechanism for agreeing on the marketing or sale price of the family home or the choice of estate agent.
To advise you we would need to see the financial court order. If the financial court order does contain extra clauses setting out the details for the sale of the family home and the order has not been complied with, then you will be able to make an application to court to enforce the court order. If the order does not spell out how the sale of the family home is to be achieved, you can still apply back to court under “liberty to apply” provisions.
If you have to make an application back to court, you can ask the court to order that your husband pay the costs of the court application. The court will not necessarily make a costs order and, even if a cost order is made, you will not necessarily get the full amount of your legal costs back. However, sometimes a solicitor’s letter saying that you will make a court application and apply for costs is sufficient to get a spouse to cooperate with the sale of the family home.
You do need expert family law advice and we would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. When you come to see us, you will need to bring the financial court order with you together with any letters or emails received from the estate agent that confirms your case that you husband is deliberately being obstructive to delay or prevent the sale of the family home. Please call us.
Jordana Adams, Family Solicitor
I am sorry to hear about your separation. I appreciate that you will want to stay at the house so your daughter has continuity. Whether you will be able to do so will depend on a number of factors that we would need to discuss with you in some detail. The fact that you are not married does affect the way the law works on who gets to stay in a house after a couple split up . However, as you have a young daughter we need to look at not just your property rights but also your daughter’s housing needs (called a schedule one claim) and child support. We think there are a number of ways in which the family team may be able to help you.
Please call me on 0203 959 9123 to arrange an appointment to discuss how we can help you.

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