What is a Divorce Financial Settlement?

A divorce financial settlement is the legal process of deciding how financial matters between spouses or civil partners will be resolved following separation.

It must be approved by the court (either following an agreement between the parties by way of a consent order or after a court judgement is made following contested court proceedings).

A divorce settlement can address issues such as property and savings division, pension sharing, lump-sum payments, and spousal maintenance.

Our financial settlement solicitors guide clients through the financial settlement process from start to finish.

That includes advising on what claims may be available, helping you understand the evidence and disclosure required, negotiating where possible, and representing you in court if needed.

Whether you are seeking a fair financial settlement in a divorce or responding to a claim, our team focuses on protecting your position and working towards the right outcome for you.

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Myerson Family team

Who We Act For

We act for individuals at every stage of the divorce process, from those looking to resolve finances as straightforwardly as possible to those with complex or high-value assets.

Our clients include:

  • Individuals and families seeking a fair financial settlement
  • Those who have already divorced without a financial order in place
  • Those bringing or defending a financial claim on divorce
  • Spouses and civil partners at any stage of separation
  • Business Owners, Company Directors & Shareholders
  • Professionals and Entrepreneurs
  • People in the media spotlight
  • Those with large property portfolios and properties overseas
  • Those who have interests in trusts
  • Those with inherited or pre-marital wealth

Speak With a Divorce Solicitor

Our Approach to Divorce Financial Settlement

Our Divorce Financial Settlements & Orders Service

Financial Remedies & Financial Orders on Divorce

Financial Remedies & Financial Orders on Divorce

A financial remedy application is a court process used to resolve and determine how financial assets are distributed on divorce. They were previously referred to as “ancillary relief proceedings”. In practice, the process usually involves:

  1. making or responding to an application for a financial order
  2. exchanging financial disclosure
  3. negotiating a divorce settlement where possible
  4. making an application to the court to decide the outcome if an agreement cannot be reached

Costs can vary depending on the complexity of the case, the extent and complexity of financial documents to be disclosed, and whether the matter settles or proceeds to a contested court hearing.

Our team will explain the likely steps, the documents and evidence you will need, and the potential cost implications from the outset, so you can make informed decisions about your financial settlement strategy. 

Whether you are seeking a financial order or responding to a financial claim made by your spouse or ex-spouse, we can advise on the full range of financial remedy proceedings and the likely outcomes, including how the court may deal with property, pensions, lump sums and spousal maintenance as part of your divorce settlement.

A financial order can set out how your financial settlement will be handled, including arrangements for property, savings and investments, pensions, business assets, and ongoing spousal maintenance.

If you and your spouse or civil partner reach an agreement, you can usually ask the court to record that outcome in a financial consent order.

This is important because it converts your agreement into a court-approved order, helping to resolve financial claims.  If you cannot agree, the court can still make a financial order.

In that situation, the judge may decide matters such as lump sum payments, transfers of property, pension sharing, and spousal maintenance as part of the overall divorce settlement.

We act for individuals on both sides, whether you need to bring a claim to protect your financial interests or you are defending a financial claim brought against you.

Defending a Financial Claim

If your former spouse or ex-civil partner has made a financial claim against you, or you believe a claim is likely, it is important to take legal advice quickly.

A financial claim can include applications for a share of your property, a lump sum payment, spousal maintenance, or a pension sharing order, and the court has wide powers to make orders over assets held in your sole name.

Acting early gives you the best chance of protecting your position.

Our solicitors can assess the strength of the claim against you, advise on the likely range of outcomes, and help you build a clear strategy, whether that means negotiating a settlement that protects your key assets or defending the claim through to a final hearing.

We also advise clients who have received a claim years after their divorce was finalised, which is possible where no financial order was made at the time.

The Financial Court Procedure

Financial Settlement After Divorce

Many people now apply directly to the court for a divorce without realising that a divorce order on its own does not finalise the financial position between you and your former spouse.Unless a clean break financial order is obtained at the same time as a divorce, financial claims can be pursued long after the termination of the marriage.

Our Team can advise on the merits of bringing a financial application after the marriage has ended..  In general, there is no fixed time limit for bringing a financial claim after divorce until a financial order is made. That is why getting early legal advice is so important: it helps you understand your position, assess the risk of a claim, and take steps to protect your assets as part of the wider financial settlement.

We strongly recommend that anyone who has divorced without a financial settlement seek legal advice as soon as possible.

Read our guide to finances and Divorce.

How Are Assets Divided in a Divorce?

When deciding a divorce settlement, the court looks at a range of factors, but it does not automatically split everything 50/50. Instead, the aim is to reach a fair outcome based on the circumstances of both parties. 

The court will consider:

  • Your income and earning capacity
  • Your financial needs (including housing and day-to-day living)
  • The standard of living during the marriage
  • The age and length of the marriage 
  • Each party’s health
  • The contributions made to the family, including homemaking and caring responsibilities, are treated as equal to income-earning contributions

In practice, this means the division of assets may be equal in some cases, but it can also be different when fairness requires it, for example, when one party needs greater financial support or when there are significant differences in earning capacity or needs. This is why getting early legal advice is so important when planning a financial settlement, divorce, and negotiating a divorce settlement that reflects the court’s approach.

Matrimonial assets, those built up during the marriage, are generally divided equally.

Non-matrimonial assets, such as inherited wealth, pre-marital wealth, and trust interests, are usually excluded unless necessary to meet the reasonable needs of both parties.

Why Work With Our Family Team?

  • Our specialist family law solicitors are experts in complex, high-value divorce, and family disputes.
  • Our family law solicitors are recognised by the Legal 500. 
  • Our family team are all members of Resolution, the largest organisation of family lawyers in the UK, and are dedicated to dealing with matters in a non-confrontational and constructive way.
  • Our team were shortlisted for the family law firm of the year (North) and financial remedies team of the year (National) at the Lexis Nexis Family Law Awards 2022.
  • Our team work closely with other departments internally, including property, employment, corporate and commercial lawyers, to ensure that your financial needs are protected comprehensively.
  • We provide a partner-led service to ensure you receive the very best legal advice and support for your family law issues.
  • We have a large team of expert solicitors and can meet your deadlines.
  • We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
  • We use the latest technology to ensure that we are working as efficiently. Geographical distance is no bar to us from providing excellent client service.
  • We provide regular legal updates via our blogs, social media and local radio appearances.
  • Look at the Myerson Promise for further benefits of working with us here.
  • With our MSI Global Alliance Membership, we can connect you to trusted advisers in 100+ countries who can provide international legal advice for individuals and families.
  • We assist families throughout England and Wales, with strong local expertise in Cheshire, Altrincham, and Manchester.

When you call our Family team, you will speak directly to a solicitor who can give you clear, informed advice from the outset. At Myerson, we pride ourselves on being accessible, approachable, and responsive, making sure you get the support you need when you need it most.

Contact Our Family Law Solicitors

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Can you divorce without sorting out finances v2
Blog

Can You Divorce Without Sorting Out Finances?

Couples increasingly choose to separate and divorce without having sorted out their finances, which could be attributed to the advent of a more accessible online divorce service, but there are implications for not finalising financial matters by... 5 minutes

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The team is headed by Jane Tenquist; her ability to listen, knowledge of this area of law, deciphering relevant key information critical to the matter and progression is highly commendable. Jane’s team are equally strong in these skills and together they work excellently. As a client I have felt to be in a very safe set of hands and I say thank you for your hard work.

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As a client of the practice I have experienced positive and practical guidance from my first introduction. Filing for divorce following 35 years of marriage was a very traumatic life event but I have been supported and guided throughout the whole process. My wishes were listened to and then legal advice given provided as to my various actions.

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A complex and challenging case. However, Gemma constantly eased our anxiety and worries with her sound advice and calm, swift responses to our endless queries. She was always very professional and knowledgeable, able to explain clearly and concisely in both legal terms and layman's terms when we struggled to understand some of the complexities of the case. Always friendly and approachable, I would recommend her in a heartbeat. As a company they were very fair with their fees for which we are very grateful. A great service all round.

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I want to express my sincere thanks to Jane for her outstanding legal representation and unwavering support throughout my divorce and financial settlement case. Her expertise, diligence, and dedication were instrumental in achieving a favourable outcome.

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I cannot express enough gratitude for Jane Tenquist and her exceptional team at Myerson. During one of the most challenging periods of my life, they provided invaluable legal counsel and unwavering support. Ms Jane Tenquist is not only a brilliant legal mind but also an incredibly compassionate and understanding individual. She approached my divorce and financial settlement case with a keen eye for detail and a strategic approach, ensuring I received the best possible outcome. Her ability to navigate complex legal matters with ease and clarity was truly impressive.

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I would like to thank Nichola, and the family team, for all the guidance and support you provided to me during a very difficult time. This was much appreciated.

Finances on Divorce Video

Divorce Financial Settlements & Financial Orders FAQs

How much do financial settlement solicitors cost?

This is one of the most common questions we hear, and it’s understandable.

The cost of a financial settlement depends on the complexity of your case and the work involved, particularly where there are issues such as pensions, business assets, trusts, overseas property, or detailed financial disclosure.

In many matters, costs will be influenced by factors such as:

  • the amount of disclosure required and how quickly information is provided
  • whether the case can be resolved by agreement (for example, through a consent order) or requires contested proceedings
  • the need for specialist reports (such as pensions advice, business valuations, or tax input)
  • the number of hearings and how long the matter takes to reach a final financial settlement

When you speak to our financial settlement solicitors, we will explain the likely steps, the documents and evidence you may need, and the cost implications from the outset, so you can plan your financial settlement strategy with confidence.

If you would like, we can also talk through practical options for managing costs in your particular circumstances, including how we approach negotiation to help you reach the right outcome efficiently.

How are trusts dealt with on divorce?

Assets or income derived from a trust are generally treated as non-matrimonial property and are not automatically shared on divorce. However, if the matrimonial assets are not sufficient to meet both parties' reasonable needs, the court has a wide discretion to treat trust assets or income as a financial resource of the beneficiary. The court can join trustees as parties to proceedings, order disclosure of trust documents, require trustees to give evidence, and in some cases order that a trust be set aside. Trust issues on divorce require specialist advice, and our team has significant experience in handling these cases.

How are pensions divided on divorce?

Pensions are often one of the most valuable assets in a marriage and are capable of being shared on divorce.

Where pension assets are substantial or there are multiple pension schemes, it is advisable to instruct a pension actuary to advise on the value of the benefits, how best to equalise capital and income, and whether a pension sharing order, pension attachment, or offsetting arrangement is most appropriate.

Our solicitors work closely with specialist pension actuaries to make sure you receive clear, tailored advice.

Read more on pensions on divorce.

How are farming assets divided on divorce?

Farming divorces are often particularly complex because the farm may have been in the same family for generations, land may be owned by third parties or held in trust, and the business may depend on subsidies, stewardship agreements or diversified income streams. Myerson is ranked as a Top Tier firm by the Legal 500 for advice on agricultural estate issues. Our Family Team regularly advises on the valuation of agricultural land, farming businesses, plant and machinery, and on the interaction between matrimonial and non-matrimonial wealth in farming cases.

How are business assets divided on divorce?

A business will often need to be valued by a forensic accountant as part of the financial negotiations. The expert may assess the value of the shares, the liquidity available to support a lump sum, the tax consequences of any sale or transfer, and the reasonable sustainable income the shareholder can generate. The court can order a sale of the business, a transfer to one spouse, or allow one spouse to retain the business in exchange for a larger share of other assets or ongoing maintenance. Our team works closely with forensic accountants and Myerson's corporate and commercial property departments to find solutions that protect the business while achieving a fair settlement.

Read more: Business Assets on Divorce

How are inherited assets divided on divorce?

Inherited assets are generally treated as non-matrimonial property and are usually excluded from division between the parties. However, if the matrimonial assets are not sufficient to meet the reasonable needs of both spouses, the court has a wide discretion to take inherited wealth into account. The outcome will depend on the specific facts of each case, including the value of the inheritance, when it was received, and whether it has been mixed with matrimonial assets.

What are matrimonial and non-matrimonial assets?

Matrimonial assets are those built up by the parties during the marriage - typically including the family home, savings and pensions accumulated during the relationship.

These are generally divided equally. Non-matrimonial assets are those acquired before or after the marriage, or from an independent source such as an inheritance, a gift from a third party, a trust interest, or personal injury compensation.

Non-matrimonial assets are usually excluded from division, unless they are needed to meet the reasonable needs of both parties.

Read more about matrimonial and non-matrimonial assets.

What is the financial remedy court procedure?

Financial remedy proceedings are the court process used to resolve financial disputes on divorce.

Either party can apply by filing Form A, provided divorce proceedings have been issued and a Mediation Information & Assessment Meeting (MIAM) has taken place.

The court procedure involves several stages - from the exchange of detailed financial statements in Form E, through a First Directions Appointment to identify the issues, to a Financial Dispute Resolution hearing aimed at reaching a settlement.

If agreement cannot be reached, the case proceeds to a Final Hearing where a judge makes a binding decision.

What is the financial disclosure process on divorce?

Both parties have a legal duty to provide full and transparent disclosure of their financial position, supported by documentary evidence.

This applies whether you are negotiating directly, using mediation, or going through the court process.

The disclosure will typically cover property valuations, mortgage statements, bank statements, business accounts, pension values, insurance policies, savings, investments, debts and income details.

Many cases settle after an exchange of financial information and solicitor-led negotiations, without ever needing to go to court.

What factors are considered when dividing assets on divorce?

The court looks at a range of factors to reach a fair divorce settlement, including each party's income and earning capacity, financial needs and obligations, the standard of living during the marriage, the ages of the parties and the length of the marriage, any health issues or disabilities, and the contributions each party has made to the family — including homemaking and childcare, which are treated as equal to financial contributions. In rare cases, conduct may also be taken into account.

The court's aim is to achieve an outcome that is fair in all the circumstances, not simply to split everything equally. 

Can you get a divorce without a financial settlement?

Yes, but it is risky. Without a financial consent order or clean break order, your former spouse could bring a financial claim against you at any point in the future. We strongly recommend that financial matters be resolved alongside, or shortly after, divorce proceedings.

How long does a divorce financial settlement take?

The honest answer is that timelines vary. A straightforward financial settlement divorce where both parties engage early, provide full disclosure promptly, and reach agreement quickly can sometimes be resolved in a matter of months. Where there are disputes about assets, pensions, business interests, trusts, or overseas property, the process can take longer, particularly if the matter needs to be decided by the court.

In most cases, the key stages that affect timing are:

  • exchanging financial disclosure
  • negotiating a divorce settlement and considering whether a consent order can be agreed upon
  • preparing for a hearing if an agreement cannot be reached. If you are dealing with complex financial issues, we may also need specialist reports (for example, on pension or business valuations, or tax implications), which can add time but help ensure the final outcome is accurate and properly evidenced.

When you speak to our team, we will explain the likely timetable for your situation and what you can do to keep the process moving, so you have clear expectations from the outset.

What should I do if my ex has made a financial claim against me?

Take legal advice as soon as possible.

A financial claim from a former spouse can cover property, pensions, lump sums and maintenance, and the court has wide powers to make orders even over assets held in your sole name.

Early advice gives you the best chance of protecting your position, whether that means negotiating a settlement on favourable terms or preparing to defend the claim at a hearing.

We regularly act for clients responding to financial claims, including those brought years after the divorce, and can advise on the strength of the claim and the most effective strategy for your circumstances.

Can my ex make a property claim against me after the divorce?

Yes, if no financial order has been made. Without a court-approved order dismissing financial claims, your former spouse or ex-civil partner could apply for a property adjustment order, potentially seeking a transfer of property or a share of the proceeds of sale, regardless of who owns the property and regardless of how long ago you divorced. This applies to your home, investment properties, and any other property you own. The only way to prevent a future property claim is to obtain a financial order that formally resolves all claims.

How do I make a financial claim after a divorce?

You apply to the court by filing Form A after obtaining a MIAM certificate from a mediator. The financial remedy proceedings that follow are the same process as during divorce. Our solicitors can advise whether you have a viable claim and guide you through it.

Can a divorce financial settlement be changed later?

Once a financial order has been approved by the court, it is generally final and binding on both parties.

The court will only consider changing an order in exceptional circumstances, for example, where one party deliberately hid assets or failed to give honest financial disclosure, where there has been fraud, or where a significant and unforeseeable event occurs shortly after the order was made (such as one party receiving a very large inheritance that neither side knew about).

Simply feeling that the settlement was unfair, or experiencing a change in income or lifestyle over time, is unlikely to be enough. If no financial order has been made at all, however, the position is very different; financial claims remain open indefinitely, and either party can apply to the court at any time.

This is why obtaining a properly drafted financial order, whether through a consent order or contested proceedings, is so important.

Can a divorce financial settlement be reopened?

In limited circumstances, for example, where there has been a failure to make material disclosure assets or there has been a significant change in circumstances. The bar is high, which is why getting the settlement right the first time matters.

Can my ex claim my inheritance?

Inherited assets are generally treated as non-matrimonial property. However, if other assets are insufficient to meet both parties' needs, the court may consider inheritance.

Can my ex-spouse claim my house or property after divorce?

Without a financial order, your ex-spouse could make a claim against your property regardless of whose name it is in. A court-approved financial order is the only way to prevent future claims.

Can my ex-husband or ex-wife claim my pension after divorce?

If no financial order is in place, your ex-spouse may be able to claim against your pension even years after the divorce.

Pensions are often one of the most valuable matrimonial assets.

The only way to protect them is to obtain a financial order.

Find out more about pensions and divorce.

Meet Our Family Solicitors

Home-grown or recruited from national, regional or City firms. Our family lawyers are experts in their fields and respected by their peers.

Jane T final

Jane Tenquist

Jane is a Partner and Head of our Family Team

Nichola final

Nichola Bright

Nichola is a Partner in our Family Team

Sarah W

Sarah Whitelegge

Sarah is a Legal Director in our Family Team

Grace

Grace Parry

Grace is an Associate in our Family Team

Joe Ferguson

Joe Ferguson

Joe is an Associate in our Family Team

Brittany Rodwell

Brittany Rodwell

Brittany is a Solicitor in our Family Team

Katie Bartley

Katie Bartley

Katie is a Trainee Solicitor in our Family Team

Pam

Pam Ackerley

Pam is a Senior Legal PA in our Family Law Team

Contact Our Divorce Financial Settlement Solicitors

You can contact a member of our team using the contact form below or by phoning us on

0161 941 4000

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