HRS Family Law Solicitors

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Financial Orders &
Financial Settlement

Did you know that even after someone is divorced, perhaps for many years, their ex-spouse can apply for a financial order? Protect yourself and your assets with a financial settlement. Speak to one of our expert family lawyers today to get started. The first appointment is free.

What are Financial Orders?

Financial orders are a legally binding agreement between you and your former partner over how joint assets and finances are to be split. They deal with big questions like what share of the house each person will get after the divorce, whether or not one person has to pay the other any maintenance, how pensions are to be divided and what happens to any debt.

For anyone looking to end their marriage or dissolve their partnership, financial orders are essential. They protect both parties from future financial claims, ensure that everyone gets a fair share of their assets and prevent either side from reneging on their agreements.

 

At HRS Family Law Solicitors, we have decades of experience helping couples negotiate, draft, officiate and enforce financial orders. We have a dedicated team of expert private law solicitors on hand ready to take your side. They have experience handling everything from multimillion estates, to simple non contentious agreements. So, no matter how complex nor simple your finances, we can help you protect your assets and access what is rightfully yours. Book a free appointment today and an expert private law solicitor will advise you on your options.

 

How we can help…

HRS Family Law Solicitors are experts in protecting your finances and recovering assets after a separation or divorce. We can help you as much or as little as you need in the following ways:

·        Negotiating a financial agreement with your former partner

·        Helping you uncover which assets your former partner really owns

·        Applying to court for a financial order

·        Enforcing financial orders that haven’t been obeyed

·        Helping you win maintenance, a lump sum order or a property transfer order

·        Negotiating and officiataing pension sharing

·        Dividing up complex estates

Creating financial orders is complex, especially where there are lots of assets involved. Our dedicated team of private law specialists have significant experience in this area of law and can help you navigate this complexity. Book a free appointment today and a private law solicitor will discuss your options with you. 

Financial Orders & Financial Settlement Frequently Asked Questions

Can I get divorced without sorting out the money?

It is possible to get a divorce (or civil partnership dissolution) without sorting out the money but it isn’t advisable. If you successfully end your marriage but continue to own a house together, or have joint bank accounts or joint debts your former partner could take advantage of the situation by refusing to pay towards any debts or mortgage, extending credit agreements or reneging on agreements to pay child maintenance. It can be much more distressing and expensive to sort out financial issues at a later stage, perhaps when new partners have come onto the scene. The good news is the court has wide powers to make financial orders on divorce, which can protect you and your finances right from the start. Book a free appointment with us today and we can talk through options with you without obligation.

I know that my spouse will try to hide their income and assets if I make a financial claim against them. Is there anything I can do about it?

It is not uncommon for a person involved in divorce (or civil partnership dissolution) proceedings to try to hide their income or assets to defeat a spouse’s claim for financial orders, such as the sale of a family home, payment of a lump sum, or regular maintenance payments. The good news is so long as you have good legal advice it should be very difficult for your former partner to trick the court. When you make a claim for financial orders your spouse will be required to disclose details of their finances – This process is known as “financial disclosure”. At HRS Family law we are experts in this area of law.  At the financial disclosure stage, we can help you question all aspects of your former partners finances and demand supporting documentation. Consequently, we make it very difficult for your spouse to deceive the court. Book a free consultation today and an expert divorce and finance lawyer will guide you on your options.

I want a divorce, but I don't want my spouse to make any financial claim against me. What can I do?

The short answer is that if you issue a divorce petition (or civil partnership dissolution petition) you cannot stop your spouse from making a claim against you for financial orders, such as maintenance payments, a lump sum payment, or the sale or transfer of a family home. It is possible that your spouse’s potential claims may in fact be worthless, for example if your case involves a very short marriage with no children and equal finances, it will be difficult for your spouse to claim anything. If your spouse does have a valid claim then this needs to be dealt with properly, but it is important to ensure if possible that your spouse has no further comeback against you in the future. This can be achieved by asking the court to grant a “financial clean break order” as part of any overall settlement, to give you certainty for the future. HRS Family Law Solicitors are experts in negotiating financial clean break orders. We have helped thousands of clients make a clean and permanent separation from their spouse. Book a free appointment today and we can talk through all of your options without obligation.

I am thinking of getting divorced, but my spouse says that they will make a claim against my pension, which is quite valuable. Can they do so?

The short answer is Yes – the court could make a “Pension Sharing Order”, whereby a specific percentage amount would be removed from your pension funds and used to create a new separate pension fund for your spouse. The court only has the power to do this on divorce (or civil dissolution) and the question of whether it would make such an order depends upon the particular circumstances of your case. If you want to keep your pension intact, it might be possible to do so by offering other assets to your spouse instead of Pension Sharing, such as a lump sum payment. This is known as “offsetting” and requires expert advice. We can help you negotiate settlements with your spouse and help you obtain a report from a pensions expert about pension sharing and offsetting if your pension and/or your spouse’s pension is valuable. Book a free appointment today and one of our expert lawyers will talk through options with you in more detail.  

My spouse owns property abroad. Would this be taken into account if I divorce them?

Yes, it absolutely would, but it can be complex to do alone. If you issue divorce (or civil partnership) proceedings and make a claim for financial orders then all property owned by you or your spouse would be relevant, whether it is situated in this country or abroad. However, this can cause practical difficulties, for example if your spouse denies owning such property or there is a dispute as to its value. Furthermore, the court is usually reluctant to make orders for sale etc in relation to property abroad because of the difficulty in enforcing such orders. We can help you work out the best strategy for where to concentrate your claim to get the best possible return. Book a free appointment with us today and we will talk through options for your specific scenario.

When should I get a financial order?
It is best to start the process of negotiating an agreement for a finacial order as soon as possible. This will give you the best chance of achieving your goals. However, once Decree Nisi has been reached it is vital to try and finalise an agreement about the division of the matrimonial finances. That must then be incorporated in to a financial order because otherwise, if it is not, the agreement is not binding. Decree Absolute marks the end of the Divorce and if you have financial orders in place at this stage, that protects you for the future. Ask our specialist team about your options. We always offer a free first interview so that we can assess your needs, and discuss options before we quote a price.
Can't I just get a financial order by myself?
Finances on Divorce are complicated and we do recommend that advice is sought. Please let us help with financial orders such as lump sum orders, property transfer orders, maintenance and pension sharing or protecting such assets. We offer everyone a first free appointment so come and meet us to see what your options are.
When I got married, I already owned a house with no mortgage, which I brought into the marriage. Can my spouse make a claim against this property?

If your spouse makes a claim against you for financial orders in divorce (or civil dissolution) proceedings then the court could make an order in respect of any property owned by either of you, including property brought into the marriage or acquired after separation. Such property is never ring fenced. However, it may be possible to argue that these assets are “non matrimonial” rather than matrimonial and that consequently you should be allowed to retain them. These issues are highly technical and require specialist family law advice. Book a free appointment today and one of our specialist lawyers can advise you on the best course of action for your case. 

I am getting divorced and want to make a claim against the family home, but it the property is in the name of my partner and their family. What can I do?

In divorce (or civil dissolution) proceedings you could make a claim against any property owned by your spouse including a family home, even if other people such as his/her family members also own part of the property. However, you could only claim against the share owned by your spouse and the court may be reluctant to order the property to be sold. There may also be difficulty in identifying your spouse’s true interest in the property and it might be necessary to add the other owners to the divorce proceedings to enable them to give evidence and be cross-examined. This situation can be quite complicated and technical, but we can help you navigate your way through it. Book a first free appointment with us and an expert family lawyer will guide you through your options.

Neither of us really own anything. Do we still need to get a financial order?

Whilst you may not own many assets now it’s always a good idea to get a clean financial break from your partner. Under English law your former partner can make a financial claim against you many years after you are divorced. That is why we strongly recommend that the financial position is safeguarded by a consent order. People do win the lottery! New business ventures do take off. Fancy sharing it with your ex? Without a financial order, if you come into some money after you are divorced, buy a new house or even get a new car, your partner could stake a claim to it. We see this happening regularly and it is heart breaking. We can help you apply for a financial clean break order that will prevent this from happening. Book a first free appointment today and our expert family lawyers can talk you through the process.

Me and my spouse agree on how to split the finances. Do we still need a court order?

Even if you are in 100% agreement with your spouse about how to divide the finances after divorce, it is always worth cementing it with a court order. This is because people can always change their mind at a later date. What may seem fair to both parties now may seem unfair when a new partner arrives on the scene, or when one party has a positive and unexpected rise in their salary. Getting a financial order when both parties are in agreement is an affordable and sure-fire way of preventing any further court action later on in life. Book your first free appointment now and our expert family lawyers can talk you through the process.

My former partner said they would pay me some money after our divorce but now they have changed their mind. What can I do?

If you have a financial order in place stating what money you are owed, we can help you by asking your former partner to pay. If they refuse, we can then ask the court to enforce the order. If you don’t have an agreement in place, we can apply to the court for a financial order on your behalf. A financial order sets out how divorced couples separate their finances. We are experts in this area of law and can help you put your case forward for a good share of the finances. Book a free appointment today and one of our expert lawyers can help you navigate your options.

I want your help but want to do some of the work myself. Is this possible?
Because of recent legal reforms we can also now “dip in and out of a Court case”, offering help, like drafting documents, as and when required but stopping short of the full legal service that some people may find daunting. Please ask us about “Unbundling.” Book a first free appointment today and we can discuss this in detail with you.
I've tried negotiating with my ex but we can't come to an agreement. What do we do?
We see this situation regularly. Sometimes no matter what you do an agreement can’t be reached. If agreement is not possible then it is necessary to issue an application on Form A, complete a detailed financial assessment called Form E and attend hearings to assess the criteria in the Matrimonial Causes Act. We can help you carry out all of these work or just small sections of it according to your confidence and budget. Book a free appointment today and an expert family lawyer will be in touch.

What others are saying about our financial orders service?

Alice and Geoff- Bearwood Branch

I’ve just come out of a long and complicated process and feel very relieved. Your advice was very well suited to the situation and always timely. Thank you from Alice and Geoff

Alex- Birmingham Branch

Thanks to you guys I got my doggy back 🙂 I would have been lost without you. Big thanks to everyone at the Birmingham branch.

Jason- Dudley Branch

Helped me draft and submit a small claim against my ex. I represented myself at the hearing and won but couldn’t have done it without HRS. Highly recommended.

Amir- Birmingham Branch

The staff were friendly and helpful, the information given to me was clear. I found the fee reasonable as well as value for money. Excellent service throughout the whole process. Thank you for your help and support.

Brian- Kings Heath Branch

From first meeting we were at ease, you were always there for us throughout. You were professional and kept us informed. The price was agreed on day one and there were no hidden extras. You won our case within the timescale you said it would be. We are very satisfied with the service you gave us and can recommend HRS to anyone. Thank you!

Monika- Birmingham Branch

Highly recommended firm. Ashley Davies was the one who dealt with our case. He was very reassuring and always on top of everything, very approachable, listening to client’s concerns and dealing with them there and then. Documents were always ready on time and so was Ashley, never had trouble contacting him. I cannot praise him enough, having dealt with other solicitors, he was like a breath of fresh air, allowed me to relax. We cannot thank you enough!

SM- Walsall Branch

I seriously can’t thank you all enough! Eveyone form the receptionist to my Solicitor all helped me so much. I’m so glad women’s aid recommended you.

RD- West Brom Branch

I first contacted HRS two years ago when my husband’s abuse got too much. They helped me get my house back and put me in touch with all these amazing charities that gave me help and counselling. I’m still on my journey of healing but HRS are the ones who helped me start the journey at the start. If you are scared just contact them.

SC- Erdington Branch

HRS helped keep me and the kids safe from my ex. We’ve started a whole new life now. Thank you, thank you, thank you!!!

JR- Erdington Branch

Wonderful dedicated legal professionals! They won 3 cases for me out of 3! They really pull all the stops out to get the best result and care about justice. Worth every penny and more!

We offer everyone a first free appointment

We know choosing a lawyer can be tough, that’s why we offer all clients a first free appointment. So if you are separating from your partner and want to sort out the finances, book an appointment with one of our expert family lawyers and talk through options without any obligation. We are on your side. 

financial orders