Financial Settlement Solicitors

Dividing finances during divorce is often the most complex and consequential part of the process. Getting it right can affect your financial security for years to come. At T&S Legal, we provide clear, strategic advice to help you achieve a fair outcome and protect your future.

Financial documents, house keys, and property plans for divorce financial settlement

What Is a Financial Settlement?

A financial settlement is the agreement between divorcing spouses about how to divide their assets, income, and liabilities. This can cover:

The family home and other properties
Savings and investments
Pensions
Business interests
Debts and liabilities
Income and earning capacity

Many couples reach agreement about their finances without going to court. However, an agreement on its own is not legally binding. To protect both parties, the agreement should be recorded in a consent order and approved by the court.

Without a consent order:

Either party can make a financial claim at any time in the future
There is no clean break between you
A future inheritance, business success, or lottery win could be claimed against

We prepare consent orders that are fair, comprehensive, and designed to achieve a clean break wherever possible.

What the Court Considers

If agreement cannot be reached and the court needs to decide, it will consider the factors set out in Section 25 of the Matrimonial Causes Act 1973:

Income and earning capacity of each party
Financial needs and obligations
Standard of living during the marriage
Age of each party and length of the marriage
Contributions — both financial (earnings) and non-financial (childcare, homemaking)
Physical or mental disability
Conduct (only relevant in exceptional circumstances)
Loss of benefit — such as pension rights lost as a result of divorce

The court’s first priority is always the welfare of any children.

The Family Home

The family home is usually the most significant asset. The main options are:

Sell and divide the proceeds — often the simplest option, providing a clean break
Transfer to one party — one spouse keeps the home, with the other receiving a larger share of other assets to compensate
Mesher order — the sale is deferred until a specified event (such as the youngest child turning 18)
Martin order — the sale is deferred until one party remarries, cohabits, or dies

We will advise you on which option best suits your circumstances and priorities.

Pensions

Pensions are frequently overlooked but can be one of the most valuable assets in a marriage. We ensure pensions are properly valued and considered. The main options are:

Pension sharing — a percentage of one party’s pension is transferred to the other
Pension offsetting — the value of the pension is balanced against other assets
Pension attachment — payments are made from one party’s pension to the other when it comes into payment

We work with independent financial advisers and pension experts where needed to ensure you receive accurate valuations and sound advice.

Financial Disclosure and Form E

Full and frank financial disclosure is a fundamental requirement of any financial settlement. Both parties must provide a complete picture of their financial position, including income, assets, debts, and pensions.

In most cases, this is done by completing Form E, a standard financial statement used in family court proceedings. Form E requires disclosure of:

All property owned or part-owned
Bank and building society accounts
Investments, stocks, and shares
Business interests and their value
Pensions (with cash equivalent values)
Life insurance policies
Income from all sources
Debts and liabilities
Personal property of significant value

If you suspect your spouse is hiding assets or not providing full disclosure, we can take steps to uncover the true position. This may include instructing forensic accountants, obtaining court orders for disclosure, or applying for third-party disclosure from banks and financial institutions.

Freezing Orders and Protecting Assets

If you are concerned that your spouse may dissipate, hide, or transfer assets to defeat your claim, we can apply to the court for a freezing injunction. This prevents your spouse from disposing of or dealing with specified assets until the financial settlement is resolved.

We can also apply for orders to prevent the sale of the family home or other specific assets where there is a risk they may be sold or transferred.

High-Net-Worth and Complex Cases

We have experience advising clients with substantial or complex financial arrangements, including:

Multiple properties
Business ownership and shareholdings
Offshore assets and international elements
Trust structures
Stock options and deferred compensation

Taking the First Step

Whether you are at the start of divorce proceedings or need advice on a financial settlement, early legal advice can make a significant difference to the outcome.

How We Can Help

Financial settlements and consent orders
Division of property and assets
Pension sharing and offsetting
Spousal maintenance (periodical payments)
Lump sum orders
Clean break agreements
High-net-worth and complex asset cases
Enforcement of financial orders

Frequently Asked Questions

How are assets divided in a divorce?: The court aims for a fair outcome, which does not always mean a 50/50 split. The court considers factors including the length of the marriage, each party's needs, earning capacity, standard of living, contributions (financial and non-financial), and any health issues. We will help you understand what a fair outcome looks like in your case.
What is a consent order?: A consent order is a legal document approved by the court that records your financial agreement. Without a consent order, your agreement is not legally binding and your former spouse could make a financial claim against you in the future — even years after the divorce.
Do I need a consent order if we agree on everything?: Yes, we strongly recommend it. Without a consent order, either party can make a financial claim at any point in the future. A consent order provides a clean break and legal certainty for both parties.
What happens to the family home?: The family home is usually the largest asset. Options include selling and dividing the proceeds, one party buying the other out, or transferring ownership. The right option depends on your circumstances, including whether there are children and each party's housing needs.
Are pensions included in a financial settlement?: Yes. Pensions are often one of the most valuable assets in a marriage and must be considered as part of any financial settlement. Options include pension sharing (splitting the pension), pension offsetting (balancing against other assets), or pension attachment orders.
Can I claim against my ex after the divorce?: If you do not have a consent order or court order in place, financial claims remain open indefinitely — even after decree absolute. This is why we always recommend formalising any agreement into a court order.
What is a clean break order?: A clean break order ends all financial ties between you and your former spouse. Neither party can make any further financial claims against the other. This provides certainty and allows both parties to move forward independently. We always aim for a clean break where possible.
How long does a financial settlement take?: If both parties can agree, a consent order can typically be prepared and approved by the court within 6 to 10 weeks. If the matter is contested and goes to court, financial proceedings can take 9 to 12 months or longer depending on the complexity of the case.
What is spousal maintenance?: Spousal maintenance (also called periodical payments) is regular payments from one spouse to the other after divorce. It is designed to address a disparity in income and is not awarded in every case. The amount and duration depend on factors such as the length of the marriage, each party's earning capacity, and the standard of living during the marriage.
What is a Form E?: Form E is a standard financial statement used in divorce financial proceedings. Both parties must complete it, providing full details of their income, assets, debts, pensions, and expenses. It is the foundation of any financial settlement and ensures both parties have a complete picture of the other's financial position.