Deciding how you will divide and manage your finances is a key consideration when you are going through a divorce. This can feel complicated, though, especially if you have been with your partner for some time or have children together. It’s important to get the right legal advice from the outset to make sure your rights are protected and any financial agreement is fair.
Helping you achieve the right financial settlement after separation
Our experienced divorce and finances solicitors help you navigate the process, with your best interests at heart. We get to know you and your situation, providing clear guidance so you can feel confident about your financial arrangements going forward.
How we help you achieve the right financial settlement
There are several different routes to achieving a financial settlement with divorce.
Sometimes, it is straightforward to divide assets fairly by mutual agreement. If this is the case, we will put together the formal documents to reflect this, so that you have a legally binding settlement in place.
If you're unable to reach an agreement, however, we talk through your options to find the most appropriate solution. This may be taking a traditional approach, with all communication through your solicitors. Alternatively, mediation or collaborative law may be suitable, which both aim to facilitate mutual agreement through guided discussion. We generally treat Court as a last resort – although you can rest assured that we will fight your corner if this does become necessary.
Whatever your situation, we keep you fully informed throughout the process, so you know what to expect at each stage.
How are assets split after divorce?
The starting point for the division of assets on divorce is equality i.e. a 50/50 split. However, there may be reasons to depart from this, such as the length of the marriage and standard of living.
Both sides need to make full and frank disclosure of their financial position. This means you and your ex-partner must provide full details of all capital, income, pensions and any other relevant resources or circumstances.
Your assets may include:
- Property
- Businesses
- Trusts
- Shareholdings
- Bank accounts
- Maintenance
- Agricultural property
- Pensions
Once the assets have been established, negotiations can take place with a view to reaching a fair and reasonable division of these. This will look different in every situation.
You may have concerns that your ex-partner is hiding information about their assets. It's always best to talk to us if this is the case, rather than trying to deal with it yourself, as we can advise on the correct next steps.
Dealing with financial disputes
Finding yourself in a dispute about your finances with your ex-partner is a horrible position to be in. But there are several different options to help you resolve the dispute, including alternatives to court. We work with you to find the best way to move forward.
If it becomes necessary to go to court, we’re here to support you every step of the way as experienced advocates.
Before the court application can be made, you will need to go to a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies to you. This assesses whether mediation would be a suitable alternative to Court.
If Court is still the most appropriate solution, we make the application for you and a timetable will be set to ensure the dispute is settled within a reasonable timeframe.
Why choose Tozers?
When going through a difficult time, you want to be sure the person who’s giving you advice will do so sensitively and know what they’re talking about.
Our divorce and finance solicitors are recognised as experts in their field. We're ranked as a Band 2 firm by leading legal directory Chambers & Partners for our "strong matrimonial team" and the ability to handle "complex financial remedy cases". The Legal 500 highlights our experience in "finance issues with complex asset arrangements", while our head of team, Caroline Ryan, is recommended as being "as good, if not better, than the experts in large London firms".
As members of Resolution, the professional body for family lawyers, we take a constructive approach to family issues to ensure better outcomes.
Most importantly to us, our expertise is reflected in the feedback we get from our clients.
Find out how we can help you
Whatever your situation, the first step is to contact us for a chat. Our family law solicitors offer a free first meeting - get in touch with us today using our online enquiry form or call us at one of our offices.
“I feel my divorce was handled well considering it was an emotional situation to deal with."
"I was always given clear advice and whenever I had any questions they were responded to in a timely manner."
"I was happy with the outcome of the settlement which you helped me reach. I’d recommend you.”