Financial matters are a separate and often more complex process. This is where the court determines how the finances of the marriage should be dealt with fairly.
Understanding that each client’s situation is unique, we provide personalised advice tailored to your specific needs.
Financial proceedings can address, among other things:
The Family Home and other property
Savings and investments
Pensions
Business interests
Debts
Spousal maintenance
The court’s task is not to punish either party, but to reach a fair outcome based on statutory factors, including needs, contributions, earning capacity, and the welfare of any children.
Crucially, financial claims do not end automatically when the divorce is finalised. Without a court-approved financial order (often called a “clean break”), former spouses may retain financial claims against each other indefinitely
Why the Distinction Matters
Many people assume that finalising a divorce also settles finances. It does not. This misconception can have serious long-term consequences, particularly where assets are acquired after separation.
The grounds for divorce before April 2022 used to be unreasonable behaviour, 2-years separation with consent, 5-years separation, adultery and desertion. Since April 2022, the only ground for divorce is ‘irretrievable breakdown’. This is done by simply ticking a box within the divorce application. No narrative or statement needs to be made. It’s important to consult with a solicitor to understand the specific grounds applicable.
Property division during divorce typically follows the principle of equitable distribution, meaning assets are divided fairly but not necessarily equally. Factors considered include the length of the marriage, each spouse’s financial contribution, and future needs. Importantly, the court will first consider the welfare of any children of the marriage.
No. A divorce does not end all financial ties between spouses. You will remain financially ‘connected’ until a Court order dismisses all claims. This is done by submitting a financial clean break order to the Court whether in proceedings or agreed between you both at mediation etc.
Spousal support, depends on factors like the length of the marriage, each spouse’s financial situation, and the standard of living during the marriage. It aims to ensure that neither spouse faces financial hardship post-divorce. However, it is important to keep in mind that even if there is a need for support, it will all depend upon the payers ability to pay. You may be able to get interim-spousal maintenance depending upon your financial situation and the payers ability to pay.
Legal fees can vary widely based on the complexity of the case, the solicitor’s rates, and the length of proceedings. Some solicitors may offer a flat fee for uncomplicated cases or hourly rates for more involved situations.We charge fixed fees in all divorce matters. My fees for a divorce are £1,000 + VAT. There is a Court fee of £593 which is payable to His Majesty’s Courts and Tribunals Service (HMCTS)
