Financial Disputes | Divorce Financial Settlement Solicitors | Setfords

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    Family financial disputes

    Divorce Financial Settlement Solicitors

    Going through a divorce or separation can feel overwhelming. Add finances to the mix, and it’s common for disputes to occur. 

    Our solicitors are experts in financial disputes arising from divorce, dissolution, or separation. From financial settlements to child maintenance, we can help you resolve disputes amicably and fairly, so you and your family can look forward to a brighter future.

    For more information about what our divorce financial settlement solicitors can assist with, please read on or get in touch today.

    Family Financial Dispute Specialisms

    How can Setfords’ divorce financial settlement solicitors help you with financial disputes? Our specialisms include the following, but if you can’t see the service you’re looking for, please get in touch to see how we may be able to assist.

    • Financial Settlements

      Financial Settlements

      Divorce is a complex process that can have a significant impact on your finances. It’s important to start planning for your financial future early on. Our divorce financial settlement solicitors are here to help you divide your finances and assets fairly so that you can move forward.

      Financial settlements are legally binding once approved by the court, setting out what your finances will look like after your divorce. They can consider various different elements of your finances, depending on your personal situation. For example, a financial settlement could cover:

      • Rights to property, including who owns a property and how much each spouse is entitled to upon sale
      • The division of savings, shares, and pensions
      • International assets
      • Who is liable for debts 
      • Who is financially responsible for children, including maintenance payments 

      When trying to reach a financial settlement, it’s important to have a divorce financial settlement solicitor by your side. Our solicitors will consider your personal circumstances to help you reach the outcome that works best for you and your family.

      Several aspects will be taken into account when reaching a divorce financial settlement, including:

      • Whether you have any children, and the ages and needs of those children
      • Your current finances and assets 
      • Your current and future needs 
      • Whether your financial situation is likely to change in the future 
      • How much you earn and your future earning potential
      • Your age and health
      • How long you have been married for 

      Financial Disputes

    • Spousal Maintenance

      Spousal Maintenance

      Spousal maintenance is a financial arrangement in which one spouse pays the other after a divorce. It is separate from child maintenance. The amount is determined by both parties’ financial circumstances.

      You can start receiving interim spousal maintenance during the divorce process. The final agreement is typically part of the overall financial settlement.

      Our expert divorce solicitors can guide you through this complex process. Whether you reach a settlement independently, through mediation, or through the courts, we’ll provide the support you need.

    • Child Maintenance

      Child Maintenance

      When going through a divorce, your primary concern will be for your children. 

      Child maintenance is paid from one spouse to the other, who the child primarily lives with, to provide for the child’s daily living expenses. 

      The amount of child maintenance paid will depend on a range of factors, including the financial situation of both parents, the child’s needs, and who the child lives with most of the time. 

      Our solicitors are here to guide you through the entire process, ensuring the best interests of your child are always put first.  

      Child maintenance is separate from the divorce financial settlement. Typically, parents can come to an agreement with each other independently or through mediation. If you can’t reach a decision, the Child Maintenance Service (CMS) can arrange it for you.

      Child Arrangements

    • Financial Disputes

      Financial Disputes

      Divorce is a stressful time, so it’s not uncommon for couples to encounter disagreements when it comes to finances.

      There are several options to help you amicably solve financial disputes before they reach court, including mediation and arbitration.

      However, if you do require the court’s intervention to resolve a dispute, our solicitors are here to help, representing you in court and assisting you in getting the best possible outcome for you and your family.

      Many of our divorce financial settlement solicitors are also trained family mediators, helping you to reach a decision without the added time and expense of court. You can find out more about our family mediation services by clicking here. 

      Financial Disputes

    • Freezing Orders

      Freezing Orders

      Freezing orders in divorce are used to temporarily stop one spouse from disposing of any assets until the case has concluded. They can be useful to ensure that the other spouse does not miss out on any matrimonial assets that they may be entitled to. 

      These orders can provide additional peace of mind in complex divorce cases, and can cover assets both in the UK and overseas. 

      You’ll need to act fast to prove to the court that your assets are at risk. Our solicitors are here to help you – please get in touch today. 

    • Financial Disputes Between Unmarried Couples

      Financial Disputes Between Unmarried Couples

      Our financial dispute solicitors don’t just work with divorcing couples. We understand that separating unmarried couples also commonly have intertwined finances, jointly owned property, and children to consider.  

      We can help separating couples untangle their finances and reach a decision together. 

      Bear in mind that unmarried couples do not have the right to claim assets, finances, or maintenance from each other, no matter how long they may have lived together. 

      Because of this, financial matters when separating, particularly for couples without children, typically focus on assets being divided based on legal ownership. 

      Things can get complicated when one party has made contributions that don’t reflect their legal ownership. For example, they may have paid for all home maintenance costs, or contributed a higher percentage of the mortgage costs compared to the percentage they own.

      When there are children involved, one parent can make an application under Schedule 1 of the Children Act 1989 for provision for the children.

      Financial disputes between unmarried couples can be hugely complex, and require the knowledge of a lawyer who’s an expert in this area. Please get in touch to learn more about how we can help you. 

      Financial Disputes

    Financial Settlements

    Divorce is a complex process that can have a significant impact on your finances. It’s important to start planning for your financial future early on. Our divorce financial settlement solicitors are here to help you divide your finances and assets fairly so that you can move forward.

    Financial settlements are legally binding once approved by the court, setting out what your finances will look like after your divorce. They can consider various different elements of your finances, depending on your personal situation. For example, a financial settlement could cover:

    • Rights to property, including who owns a property and how much each spouse is entitled to upon sale
    • The division of savings, shares, and pensions
    • International assets
    • Who is liable for debts 
    • Who is financially responsible for children, including maintenance payments 

    When trying to reach a financial settlement, it’s important to have a divorce financial settlement solicitor by your side. Our solicitors will consider your personal circumstances to help you reach the outcome that works best for you and your family.

    Several aspects will be taken into account when reaching a divorce financial settlement, including:

    • Whether you have any children, and the ages and needs of those children
    • Your current finances and assets 
    • Your current and future needs 
    • Whether your financial situation is likely to change in the future 
    • How much you earn and your future earning potential
    • Your age and health
    • How long you have been married for 

    Financial Disputes

    Spousal Maintenance

    Spousal maintenance is a financial arrangement in which one spouse pays the other after a divorce. It is separate from child maintenance. The amount is determined by both parties’ financial circumstances.

    You can start receiving interim spousal maintenance during the divorce process. The final agreement is typically part of the overall financial settlement.

    Our expert divorce solicitors can guide you through this complex process. Whether you reach a settlement independently, through mediation, or through the courts, we’ll provide the support you need.

    Child Maintenance

    When going through a divorce, your primary concern will be for your children. 

    Child maintenance is paid from one spouse to the other, who the child primarily lives with, to provide for the child’s daily living expenses. 

    The amount of child maintenance paid will depend on a range of factors, including the financial situation of both parents, the child’s needs, and who the child lives with most of the time. 

    Our solicitors are here to guide you through the entire process, ensuring the best interests of your child are always put first.  

    Child maintenance is separate from the divorce financial settlement. Typically, parents can come to an agreement with each other independently or through mediation. If you can’t reach a decision, the Child Maintenance Service (CMS) can arrange it for you.

    Child Arrangements

    Financial Disputes

    Divorce is a stressful time, so it’s not uncommon for couples to encounter disagreements when it comes to finances.

    There are several options to help you amicably solve financial disputes before they reach court, including mediation and arbitration.

    However, if you do require the court’s intervention to resolve a dispute, our solicitors are here to help, representing you in court and assisting you in getting the best possible outcome for you and your family.

    Many of our divorce financial settlement solicitors are also trained family mediators, helping you to reach a decision without the added time and expense of court. You can find out more about our family mediation services by clicking here. 

    Financial Disputes

    Freezing Orders

    Freezing orders in divorce are used to temporarily stop one spouse from disposing of any assets until the case has concluded. They can be useful to ensure that the other spouse does not miss out on any matrimonial assets that they may be entitled to. 

    These orders can provide additional peace of mind in complex divorce cases, and can cover assets both in the UK and overseas. 

    You’ll need to act fast to prove to the court that your assets are at risk. Our solicitors are here to help you – please get in touch today. 

    Financial Disputes Between Unmarried Couples

    Our financial dispute solicitors don’t just work with divorcing couples. We understand that separating unmarried couples also commonly have intertwined finances, jointly owned property, and children to consider.  

    We can help separating couples untangle their finances and reach a decision together. 

    Bear in mind that unmarried couples do not have the right to claim assets, finances, or maintenance from each other, no matter how long they may have lived together. 

    Because of this, financial matters when separating, particularly for couples without children, typically focus on assets being divided based on legal ownership. 

    Things can get complicated when one party has made contributions that don’t reflect their legal ownership. For example, they may have paid for all home maintenance costs, or contributed a higher percentage of the mortgage costs compared to the percentage they own.

    When there are children involved, one parent can make an application under Schedule 1 of the Children Act 1989 for provision for the children.

    Financial disputes between unmarried couples can be hugely complex, and require the knowledge of a lawyer who’s an expert in this area. Please get in touch to learn more about how we can help you. 

    Financial Disputes

    Our Divorce Financial Settlement Solicitors' Approach

    Our solicitors are here to make the process of divorce or separation more straightforward. With our legal advice, you can have the peace of mind that you’re making the best decision for you and your family.

    We understand that financial matters can cause their fair share of tension between divorcing couples. So, it’s important to have an expert by your side. All of our financial dispute solicitors are highly experienced, and our unique setup ensures you’ll get a flexible and personal service. If this sounds like the sort of firm you’d like to work with, please don’t hesitate to get in touch, and we will match you with the solicitor who best meets your needs.

    Our Financial disputes Consultants

    Financial Disputes FAQs

    • Is a financial settlement legally binding?

      A financial settlement only becomes legally binding once it has been approved by the court. In most cases, this involves applying for a consent order for the judge to review, and does not involve attending court. 

      If you cannot reach an agreement independently or through dispute resolution methods like mediation, your dispute will reach the courts. This involves a judge making a legally binding decision for you that they consider fair, and you will likely have to attend court.

    • How long does spousal maintenance last for?

      Spousal maintenance usually lasts for a set amount of time after the divorce, typically a number of years, but this is based on your individual circumstances. It’s designed to ensure that there is no undue hardship after divorce, particularly in cases where one party earns significantly more than the other. In rare cases, spousal maintenance may be paid for life, also known as a ‘joint lives order.’  

      The payments can be terminated in some circumstances, for example, if the recipient gets married again or receives a lump sum of money, or if the person paying loses their job and ability to pay.

      Spousal maintenance can be a complex topic. Please contact a divorce financial settlement solicitor for advice on your specific situation.

    • Do I have to go to court to reach a financial settlement in divorce?

      It’s a common misconception that you need to attend court to reach a financial settlement in divorce.

      Most divorcing couples can reach a settlement either on their own with the help of a solicitor, or through mediation and other ‘alternative dispute resolution’ methods. 

      Once you have reached an agreement, you can make it legally binding through the courts with a financial consent order – but this doesn’t require you to attend court.

      For some couples, these methods don’t work, and you will need to attend court and have a judge decide on your financial settlement. Bear in mind that this will incur additional time and expenses, so attempting to reach a settlement outside of court should be a priority. 

    • Is it possible to change a financial order?

      Financial orders are not designed to be changed. They’re supposed to act as a ‘clean break’ between divorcing parties, clearly setting out how finances will be managed post-divorce. However, in some limited circumstances, you may be able to change a financial order. For example:

      • Fraud
      • Failure to disclose assets
      • Undue influence

      This list is not exhaustive. If you believe that there has been a mistake and your financial order needs to be changed, you should seek legal advice immediately. Please get in touch for more information.

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    Speak to a Financial disputes Solicitor on 0333 060 3419

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