Within divorce proceedings or dissolution of a civil partnership the parties are entitled to make claims for financial assistance as a result of the marriage breakdown. Claims arising out of a divorce are dealt with under the Matrimonial Causes Act 1973 whilst claims arising from dissolution are addressed in the Civil Partnership Act 2004.

As long as you have not re-married either party can make a financial claim against the other for income and capital, which also includes property and pension provision.

There are various ways of dealing with the settlement of financial matters. Some parties are able to communicate effectively with each other and negotiate a settlement that they are both happy with. This settlement can then be drafted into a legal document called a consent order which is approved by the court within the divorce proceedings and is legally binding.

Unfortunately not all financial settlements are amicable and some may require the assistance of a solicitor to negotiate on their behalf. In this situation the parties are asked to undertake voluntary disclosure of their financial positions to enable a settlement to be negotiated. If this is not forthcoming from either party then an application to the court may have to be made. This results in the court directing matters by way of issuing a strict timetable for matters to progress and hopefully reach a conclusion as quickly as possible.

The court has the power to make various orders in relation to parties’ financial settlement. The more common ones of these are orders relating to income, capital, property and pension provisions. When dealing with a party’s claim the court has criteria that it must follow to ensure that the settlement is a fair and reasonable one. If there are children of the relationship then the child’s needs are paramount.

Financial settlements within divorce are very important as they stipulate how the parties will live in the future. Therefore it is extremely important that you receive the expert legal advice.

Get in touch

If you would like to know more about how our tailored services can best suit your needs, do not hesitate to get in touch. Although based in Greater Manchester, we can provide high-quality legal assistance to those who need it around the UK. Call us today on 0161 928 3848, or fill in the online contact form.

Testimonials

Read All >

Excellent, professional and caring. Michaela and her colleagues made the whole process very easy.

Ms A

I have been using McHale and Co for both the sake of my property and the purchase of my new home. Joy handled my sale and was extremely professional, helpful and persevered when dealing with my buyers solicitors who were less than professional to deal with.
Phillippa was equally professional and extremely knowledgeable on purchasing new build properties due to her years of experience in this specialist area. She was supportive and gave me confidence that I was getting a first class service. Would use them again and recommend to my friends and family.

Ms. S

…in the midst of the most stressful situations, I have never felt the need to ‘nudge’ or urge action, I have always been confident in the reliability and consistency in the service received, especially from Liz Connolly.

Ms B

Extremely satisfied, I have already recommended. I first used the Will drafting service – Helen Green – then probate… clearly happy!

Ms W

Excellent Service provided by Michaela. Detailed, professional and approachable.

Ms J

Michaela is professional and confident in her field and at the same time I felt completely relaxed in her presence, a great asset to McHale & Co.

Mrs P

Always, without fail, returned email/telephone calls promptly. Thank you.

Mr D

Professional and efficient service with a personal touch.

Mr Y

Grace has been very helpful dealing our whole family, arranging wills and lasting powers of attorney. Excellent service.

Mrs N

I am very glad that I found your office and especially Helen Green. I enjoy dealing with people who know what they are doing.

Mr S

Grace Kennedy was friendly, professional and knowledgeable. Updating our wills was a very smooth and efficient process.

Mr W

The service and communication provided by Michaela throughout the process of dealing with my mum’s estate has been exemplary.

Mr E

Contact Us