Financial Settlements

We strongly recommend that you seek legal advice in relation to financial matters. This forms part of our specialist approach here at Cunningtons LLP.

Both you and your spouse/civil partner may have financial claims over the income, pension and assets of the other and your claims remain open unless you are a Respondent to divorce proceedings and you remarry, or your claims are formally dismissed by the Court.

It is therefore very important that these matters are addressed.

The matters to which the Court must have consideration are as follows:

  • The income, earning capacity, property and other financial resources that each party has;
  • The financial needs, obligations and responsibilities now and in the future of each party;
  • The standard of living enjoyed during the marriage;
  • The age of each party and the length of the marriage;
  • Any physical or mental disability of either party;
  • The contributions which each party has made to the marriage;
  • The conduct of each of the parties if inequitable to disregard it;
  • Any benefit which may be lost to either party by dissolving the marriage.

To advise you on financial matters, we will need full information as to both you and your spouse’s/civil partner’s financial circumstances.

Do not worry, we would not expect you to have all of this information at your first appointment with us. This is a matter that we will help you with during the divorce/dissolution and the ancillary relief proceedings.

However, we will be able to advise you considering the factors referred to above and previous case-law so that you will have an outcome tailored to your circumstances and needs.

FREQUENTLY ASKED QUESTIONS

The following are common questions we get asked about Family Law issues. If you cannot find the answer here, please ask us for an answer.

Although you do not need a solicitor to get a divorce or dissolution, you will benefit from clear legal advice at a stressful time in your life.

The advice of a professional divorce solicitor who has experienced many similar situations in the past in invaluable.

If your divorce ends up in court it can be very expensive – upwards of £3,000.

That is why as experienced Family Law solicitors we see that it is so much easier and simpler to agree all the terms amicably by discussion.

The standard cost of a divorce is usually between £500 and £1000, depending on whether you are the petitioner or the respondent.

That sum excludes anything to do with finance.

Although in principle a divorce or dissolution aims at a 50/50 split, is unusual for all assets and income to be split equally.

The division depends on many factors including childcare, cost of living, and the perceived financial input of each party.

The division doesn’t have to be dealt with in court, it is more likely to be a decision achieved through mediation.

A Family Lawyer acting in a Divorce – or a Divorce Solicitor – deals with all aspects of the divorce proceedings, financial arrangements and childcare issues arising out of a  separation.

Family Law solicitor helps with all other aspects of Divorce:

  • sorting out finances after a separation;
  • making arrangements for children after a separation;
  • protection from domestic abuse; and
  • prenuptial agreements (prenups).

FURTHER INFORMATION

Fixed Fee Scheme

Find out about our unique Fixed Fee Scheme for Family Law cases, and see if it’s right for you.

Find out more

Glossary

There’s a lot of jargon involved in the world of Family Law, so we have put together a glossary of the most common terms, with explanations.

Find out more

Family Solicitor Focus

The human face of Family Law: meet Cunningtons partner Jill Wiggins, who works out of our Braintree office.

Find out more