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How The Autumn Budget Could Impact Divorce

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Joe Ferguson - Associate

Published
Article reviewed by Jane Tenquist .
4 minutes reading time
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The recent budget announcement has raised many questions about its effects on divorce proceedings.  

While budget changes do not affect the divorce process itself, consequential matters like financial settlements, property sales, and private school fees could be affected.  

Our Family Lawyers, Grace Parry and Joe Ferguson, recently appeared on Radio Alty and answered questions on how the budget could impact divorce cases. 

Listen to the full interview here.

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Does the budget have an impact on divorce?

The budget doesn't impact on the divorce process, but what it does potentially impact on is the financial remedy process including dividing financial assets, property, and other financial arrangements.

Clients often confuse the divorce and financial remedy processes, but you should think of them as two streams that run alongside each other.  

The amounts you're taxed and, crucially, how you are taxed can have a massive impact on your financial remedy for divorce.  

For example, adjustments in Capital Gains Tax (CGT) could affect cases involving business assets or properties as it would have a direct impact on the value of the net sale proceeds, for instance.

As Family Lawyers, we work closely with accountants and financial advisors to understand the implications of tax changes on financial settlements. 

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There are concerns that the property market may have a slump post-budget. What happens if your house doesn’t sell on divorce? 

When we help a client with divorce, we do so based on the value of their assets. The recent budget has raised concerns about a possible slump in the property market, which can complicate asset division in divorce. 

If your property value drops or if a house isn’t selling, there are options you can explore like: 

  • Price Reduction: If the property's not selling, you can look to agree a reduction in sale price. 
  • Seek Expert Valuation: In cases where property valuation is not agreed or there are concerns as to value, it may be beneficial to get an expert opinion. Estate agents or surveyors can provide current market appraisals and valuations that are crucial if property value becomes a point of contention. 
  • Buy-Outs: If one party has the financial means, they could consider buying the other party’s share. This requires sufficient mortgage-raising capacity or capital availability. 
  • Court Intervention: If no agreement can be reached, it’s possible to ask the court to intervene. However, for the court to make an informed decision, it’s often appropriate to gather expert property valuations and appraisals first. 

If one party obstructs the sale or refuses to negotiate a fair price, the court has the power to issue an “order for sale.”

This allows the property to be sold under specific terms set by the court, ensuring that both parties can move forward.  

 Residential Property Solicitor

VAT is going to be paid on private school fees from January 2025 – can a court order you to pay school fees?  

Yes, it can form part of the wider financial settlement on divorce, known as a school fees order. When considering a school fees order, the court will look at each parent’s income, overall financial situation, and the affordability of the fees.  

In addition to tuition, expenses like uniforms, school trips, and extracurricular activities will also need to be considered. 

With VAT payable on private school fees from January 2025, there’s a likelihood that fewer parents will be able to afford private schooling for their children.  

This change may lead to more applications for modifications of existing school fee orders and could influence future financial settlements regarding private education. 

VAT on Private School Fees

What Should I Do If I’m Worried About the Budget’s Impact on My Divorce? 

The best move is to get advice from both legal and financial experts.  

Family lawyers can guide you through the legal aspects of your divorce, whilst accountants and tax advisors can explain the impact of tax changes on your assets and potential tax mitigation options.  

Working with fellow professionals, we can help ensure you’re making informed decisions with confidence, having been suitably advised.

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Contact Our Family Solicitors 

If you’re navigating a divorce and worried about the impact of the budget, our team is here to help.

Reach out to our Family Lawyers to discuss your situation and how we can help guide you through any potential issues:

01619414000

Joe Ferguson's profile picture

Joe Ferguson

Associate

Joe joined Myerson’s Family Law team as an Associate in September 2024 and is known for his expertise in high-net-worth financial remedies and complex children cases, including those with international elements.

He advises on various family law matters, such as divorce, financial settlements, pre- and post-nuptial agreements, child arrangement disputes, and surrogacy. Recognised for his client care and discretion, Joe sensitively supports high-profile clients, tailoring his advice to their unique circumstances.

A member of Resolution, he promotes constructive approaches to family law while prioritising the needs of children. Joe’s insights have been featured in leading publications, and he engages with the legal community through his popular Instagram account and the Manchester Young Professionals Committee.

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