Financial Remedies

One of the main concerns for people facing divorce or dissolution of a civil partnership is often how they will cope financially and how the assets and debts of the relationship will be dealt with.

It is never too early to seek advice on your position, even if you are not yet sure whether you intend to commence divorce/dissolution proceedings.

We actively encourage positive communication and negotiation between separating parties where possible, and it follows that the more agreement and cooperation there is, the more straightforward and less expensive the process will be.

It may be necessary for some level of intervention in Order to achieve a fair and realistic settlement and we can support you using the appropriate method. For more information on the options available for achieving settlement, see our How we do it section.

Almost all of our cases are settled using skilled negotiation without the need to ever attend Court, but should negotiations break down or do not prove a viable option, we can advise and represent you in an application to the Court to make a financial Order in your favour.

Whether the final terms of settlement are drawn up by agreement between the parties or as a result of a decision by a Judge following a Court hearing, there are a wide range of provisions available, including, but not limited to:

  • Short or long term regular maintenance payments (also known as periodical payments or spousal maintenance)
  • A lump sum payment
  • Transfer or sale of property
  • Division of pensions

On occasion, it may be necessary to take immediate steps to preserve and protect assets and/or to obtain temporary financial provision while negotiations are ongoing. See Emergency Freezing Orders for more information.

Where there is an existing financial Order and one party is seeking to vary or enforce one or more of the terms of that Order, see Variation/Enforcement of Financial Orders.