The value of obtaining legal representation when seeking to challenge decisions made by HM Revenue...
Separating from a spouse is rarely straightforward, and the financial side of a divorce is often the most complex part to navigate. Whether you’re working out what happens to the family home, how pensions are divided, or whether spousal maintenance applies, reaching a fair financial settlement is one of the most important steps you’ll take.
At SMR Solicitors, our family law team supports separating and divorcing couples across West Sussex with clear, practical advice on financial settlements. We take the time to understand your circumstances and what matters most to you, and we work to achieve a settlement that genuinely protects your financial future.
Our divorce financial settlement solicitors advise on a wide range of matters, including:
- Division of the family home and other property
- Pension sharing, offsetting and earmarking
- Spousal maintenance and clean break orders
- Business assets and valuations
- Shares, investments and savings
- Inheritance and non-matrimonial assets
- High net worth and complex financial settlements
- Consent orders and court applications
Reach a fair financial settlement with SMR Solicitors
To discuss your situation and find out how we can help, please get in touch to speak to one of our divorce financial settlement solicitors.
BOGNOR REGIS CHICHESTER EAST WITTERING SELSEY
What is a divorce financial settlement?
A divorce financial settlement is a formal agreement that sets out how a couple’s assets, debts, property, and income will be divided when a marriage ends. It can also deal with ongoing financial support, such as spousal maintenance.
Without a settlement, neither party has long-term financial security. Even if you’ve been separated for many years, your former spouse could still make a financial claim against you unless you have a legally binding order in place. That’s why it’s important to address financial matters as part of, or shortly after, your divorce.
What’s included in a financial settlement?
A financial settlement can cover all the assets and liabilities built up during, and sometimes before, a marriage. The main areas typically included are:
- The family home and any other property
- Mortgage liabilities and other debts
- Pensions (often one of the most valuable assets in a settlement)
- Savings and bank accounts
- Shares, investments and business interests
- Personal possessions of significant value
- Spousal maintenance payments
Every settlement is different. What’s included will depend on your individual financial picture, the length of your marriage, and each person’s needs going forward.
How a fair settlement is decided
If your case goes to court, the judge will consider a set of factors set out in Section 25 of the Matrimonial Causes Act 1973. These factors guide what a fair outcome looks like, and understanding them can help you approach negotiations with realistic expectations.
The Section 25 factors include:
- The welfare of any children under 18 (the court’s first consideration)
- Each party’s current and future income and earning capacity
- The financial needs, obligations and responsibilities 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 disabilities
- Contributions made to the family, including homemaking and childcare
- The conduct of either party, where it would be unfair to disregard it
- The loss of any benefit, such as pension rights, resulting from the divorce
In practice, most settlements are reached by agreement rather than at a final court hearing. Having a clear understanding of these factors from the outset helps both parties negotiate with confidence.
How we help you reach a settlement
Initial advice and financial disclosure
We begin by reviewing your financial position in full. Both parties are required to provide complete and honest disclosure of their assets, income, debts, and pensions, usually by completing a Form E. This forms the foundation of any fair settlement, and we’ll guide you through the process step by step.
Negotiation and solicitor correspondence
Once financial information has been exchanged, we can negotiate with your spouse’s solicitors on your behalf. We work to reach an agreement that is fair and proportionate, keeping you informed at every stage. Where possible, we aim to settle matters without the need for court proceedings, saving you time and cost.
Mediation or collaborative law
Where both parties are willing, mediation or collaborative law can offer a constructive route to settlement outside of court. We can work alongside a family mediator or, if both parties choose a collaborative approach, participate in four-way meetings to reach an agreement together. SMR Solicitors is a member of Resolution, which means we’re committed to resolving family matters in a non-confrontational way wherever possible.
Court proceedings: Form A, FDA, FDR and final hearing
If agreement can’t be reached, it may be necessary to make a formal application to court using a Form A. The court process then follows a structured timetable:
- First Directions Appointment (FDA): the court identifies the issues in dispute and gives directions for disclosure
- Financial Dispute Resolution (FDR): a judge-led appointment where both parties attempt to reach a settlement with the court’s guidance
- Final hearing: if settlement still hasn’t been reached, a judge will make a final decision based on all the evidence
We’ll represent you clearly and robustly at each stage, keeping the process as efficient as possible.
Spousal maintenance and clean break orders
A spousal maintenance order requires one party to make regular payments to the other, usually where there’s a significant difference in income or earning capacity. These orders can be time-limited, to allow a period of financial adjustment, or open-ended, depending on the circumstances.
Many couples prefer a clean break order, which severs all financial ties between the parties once and for all. This means neither party can make future claims against the other. Whether a clean break is appropriate will depend on your individual situation, and we’ll advise you on the best approach.
Making it legally binding
Reaching an agreement is only part of the process. For a financial settlement to be legally enforceable, it must be approved by a court and recorded in a financial order (often called a consent order). Without this, either party could return at a later date to make further financial claims.
We’ll draft your consent order carefully and handle the application to court, ensuring the settlement is properly documented and legally binding from the outset.
Our divorce financial settlement fees
We’re committed to being transparent about costs from the start. Our fees will depend on the complexity of your case and the amount of time involved, but we’ll always give you a clear estimate before work begins and keep you updated if anything changes. We offer a free 20-minute initial consultation so you can speak with a member of our team and understand your options without any upfront commitment.
Our team includes Charlotte Attwood, Sara Fildes, and Ruth Harding, all of whom have experience advising clients across West Sussex on financial settlement matters.
Frequently asked questions about divorce financial settlements
Can you get divorced without a financial settlement?
Yes, it’s possible to obtain a divorce without resolving financial matters, but it’s rarely advisable. Until a financial order is in place, either party can make a claim against the other’s assets, even years later. This means you could remain financially exposed long after your divorce has been finalised. We strongly recommend addressing financial matters as part of the divorce process to give both parties genuine certainty for the future.
What am I entitled to in a divorce settlement?
There’s no single formula for what you’re entitled to. Courts look at the full picture, taking into account the factors set out in Section 25 of the Matrimonial Causes Act 1973, including each party’s needs, the welfare of any children, contributions made during the marriage, and the standard of living enjoyed. The starting point is generally an equal division of matrimonial assets, but the outcome can vary significantly depending on the circumstances.
How long does a divorce financial settlement take?
The time it takes to reach a settlement depends on how straightforward or complex your finances are, and whether both parties can agree without going to court. A negotiated settlement can often be reached in a matter of months. If court proceedings are needed, the process typically takes between 12 and 18 months, though this can vary. We’ll always work proactively to keep things moving.
Does adultery affect a divorce financial settlement?
In most cases, adultery doesn’t directly affect the financial outcome. Courts focus on the factors in Section 25, and conduct is only taken into account where it would be inequitable to disregard it. This is a high bar to meet, and judges rarely allow evidence of adultery to influence a financial settlement.
Does the length of marriage affect the settlement?
Yes, the length of the marriage is one of the factors courts take into account. In shorter marriages, the court may be more inclined to return each party to their pre-marriage financial position. In longer marriages, assets built up over many years, including pensions, are more likely to be shared equally. Non-matrimonial assets, such as inheritance or property owned before the marriage, may also be treated differently depending on how long the marriage lasted.
Can a divorce financial settlement be reopened?
It’s very difficult to reopen a financial order once it has been made by the court. This can only happen in exceptional circumstances, such as where one party fraudulently failed to disclose assets, or where there has been a significant and unexpected change in circumstances that was not foreseeable at the time of the order.
This is one of the key reasons why it’s important to ensure full financial disclosure takes place and that any settlement is properly documented.
Do I need a solicitor to agree a financial settlement?
You’re not legally required to instruct a solicitor, but having independent legal advice is strongly recommended. A financial settlement affects your long-term security, and the legal and procedural requirements involved can be difficult to navigate alone.
Our solicitors can also draft your consent order and submit it to court, which is a step that’s easy to overlook if you’re managing the process without support.
Speak to our divorce financial settlement solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our divorce financial settlement solicitors. We have offices in Bognor Regis, Chichester, East Wittering, and Selsey, and we’re happy to meet with you in person or speak by phone or video call.
