When a marriage or registered civil partnership ends, sorting out finances can feel overwhelming. Alongside the emotional impact, you may be worried about your home, your savings, your pension, and your future financial security. At Birkett Long, our experienced financial divorce settlement solicitors are here to help you reach a fair and practical solution, giving you peace of mind as you move forward.
Every situation is different, which is why we take the time to understand your needs and guide you through the best options. Whether you need a clean break settlement, help negotiating financial support, or guidance on dividing property and pensions, we’re here to support you.
Protecting your wealth, assets, and future
Speak to Lisa Collins, Team Leader of the South Essex Divorce and Family team.
What is a financial order divorce settlement?
A financial divorce settlement is an agreement that sets out how money and assets will be shared when a marriage or registered civil partnership ends. This includes decisions about property, savings, pensions, and ongoing financial support.
It’s important to make sure your financial agreement is legally binding. Without a financial order, your former spouse could bring a claim against you years down the line, even if your financial circumstances have changed.
Do I need a financial order after divorce or dissolution?
In most cases, yes. Even if you and your ex-partner agree on how to split things, that agreement won’t be legally binding unless it’s made into a financial order.
Without this protection, your former spouse could make a financial claim in the future, even long after the divorce is finalised. This could affect new savings, property, inheritance, or even a business you have built up since separating.
Getting a financial order brings certainty and security, ensuring that both parties can move on with a fair and final financial agreement.
We offer a variety of services related to divorce, from family mediation to arranging child maintenance. Explore our services and resources to get the help you need.
Why choose Birkett Long’s financial divorce settlement solicitors?
At Birkett Long, we understand that financial security is one of the biggest worries during a divorce.
Speak to an expertOur team is here to listen, support, and guide you to a fair and practical outcome, tailored to your needs:
- Specialist family law experts: we handle divorce and financial settlements every day
- Clear, practical advice: no legal jargon, just straightforward guidance
- Focus on fair solutions: helping you reach the best outcome without unnecessary conflict
- Trusted local solicitors: with offices in Chelmsford, Colchester, Basildon, and London, we’re here when and where you need us, take control of your financial future.
Speak to an expert financial divorce settlement solicitor today, call 0330 818 3132 or request a free consultation now.
What types of financial claims can be made on divorce or dissolution?
Financial provision, including asset division after a divorce is about finding a fair and practical solution that works for both parties. There are three main types of financial claims:
1. Spousal maintenance (income claims)
Spousal maintenance is regular financial support that one ex-spouse may pay to the other. It is only awarded when one person needs financial help to get back on their feet and the other can afford to help.
Courts prefer clean breaks where possible, but sometimes ongoing support is necessary. Instead of monthly payments, some people opt for a larger share of assets upfront, so they don’t have to rely on future payments.
2. Property and asset division (capital claims)
This includes deciding who keeps the family home, how to split joint savings, and what happens to investments and other assets. The court will look at:
- Whether property and savings were built up during the marriage, before or after it broke down
- Whether one person should receive more to meet their future housing and financial needs
- Any debts or financial commitments that need to be shared
Even if you agree on how to divide assets, it’s important to get a legally binding financial agreement to prevent future disputes.
3. Pension sharing (pension claims)
Pensions generally fall into two categories:
- Defined contribution pensions: the value of the pension depends on how much has been paid in and how well the investments perform. These pensions are typically found in private and workplace pension schemes.
- Defined benefit pensions: also known as final salary pensions, these provide a guaranteed income in retirement based on salary and years of service, rather than a set fund value.
Since retirement benefits from each type can be significantly different, a pension company’s quoted value does not always reflect what each spouse will actually receive in the future. That’s why pension division requires careful legal and financial planning.
How can financial matters be resolved?
There are different ways to reach a fair financial settlement after divorce. Some couples agree between themselves, while others need support from solicitors, mediators, or the court.
Ways to agree on a financial settlement:
- Negotiation: you and your ex-spouse reach an agreement between yourselves or with the help of a solicitor
- Mediation: a trained mediator helps you discuss options and reach a fair compromise
- Collaboratively: you and your ex-spouse work with specially-trained solicitors to reach agreement without court
- Private FDR or Early Neutral Evaluation: a private process where a jointly selected family law expert gives their view on how the case should be settled
- Arbitration: a private decision-making process where an arbitrator acts like a judge
- Court application: if no agreement can be reached, a judge will decide how finances should be split
Our financial divorce settlement solicitors will help you choose the best approach based on your situation.
Financial Divorce Settlements’ FAQ
What is a financial divorce settlement, and do I need one?
A financial divorce settlement is a legally binding agreement that outlines how assets, property, pensions, and financial responsibilities are divided after a divorce or dissolution. Without a formal financial agreement on divorce or dissolution, either party could make financial claims years or even decades later.
Even if you and your ex-partner agree on how to divide finances, it's important to get a court-approved financial order to prevent future claims. Our financial divorce settlement solicitors can help you secure a fair and legally binding agreement.
What happens if we can’t agree on a financial settlement after divorce or dissolution?
If you and your ex-spouse can’t reach a financial agreement in divorce through negotiation or mediation, you will need to consider other forms of Non-Court Dispute Resolution (NCDR). If a form of NCDR cannot be agreed, you will need to apply for a financial order through the court. A judge will then decide how assets, pensions, and financial responsibilities should be divided.
Our financial divorce settlement solicitors can guide you through NCDR and court proceedings, ensuring your financial interests are fully protected while aiming for a fair resolution.
How long does it take to reach a financial divorce settlement?
The time it takes to secure a financial divorce settlement depends on whether both parties agree on financial matters. A simple agreement can be finalised in a few months, but complex cases — especially those involving property, pensions, or hidden assets — can take longer if court involvement is required.
Our financial divorce settlement solicitors work to resolve cases as quickly as possible while ensuring a fair and lasting financial agreement.
Can I get a clean break financial agreement in divorce?
Yes, a clean break financial order ensures that neither party can make future financial claims against the other. This is particularly important if you want full financial independence after divorce.
A clean break settlement means no ongoing financial ties, including spousal maintenance payments. However, if one spouse needs continued financial support, a clean break may not be possible. Our solicitors can assess whether a clean break financial settlement is right for your situation.
Will I have to pay spousal maintenance as part of my financial divorce settlement?
Spousal maintenance (sometimes called periodical payments) is not automatically awarded in every financial divorce settlement. Courts prefer clean break settlements, but maintenance may be required if one spouse cannot support themselves financially after divorce.
The court will consider:
- The length of the marriage
- The financial needs of both parties
- The financial resources of both parties and their earning capacities
- Whether one spouse has given up work to raise children or support the other’s career
Our financial divorce settlement solicitors can help you understand your rights and negotiate a fair outcome.
Can a financial settlement be changed after divorce or dissolution?
In most cases, a financial divorce settlement is final. However, financial orders can be varied or overturned if there is a significant, unforseen change in circumstances. This could include:
- A sudden loss of income or job redundancy
- A major increase in financial needs, such as medical costs
- A discovery that a spouse hid assets during the original settlement
If you need to modify an existing financial order, our solicitors can assess your case and advise on the best course of action.
What happens to pensions in a financial divorce settlement?
Pensions are often one of the biggest assets in a financial divorce settlement. There are several ways they can be divided:
- Pension sharing order: one spouse gets a percentage of the other’s pension pot
- Pension offsetting: one spouse keeps their pension, and the other gets a larger share of other assets (e.g., property)
- Pension attachment order: future pension payments are shared (less common)
Pensions can be complex, and our financial divorce settlement solicitors work with financial experts to ensure you receive a fair deal.
How do courts decide on financial settlements after divorce or dissolution?
If a financial agreement can’t be reached, the court will consider a number of factors when deciding how to divide assets and financial responsibilities. These include:
- Each party’s income, earning potential, and financial needs
- The length of the marriage and contributions made by each spouse
- Who will provide for any children involved
- The standard of living during the marriage
Our financial divorce settlement solicitors will help you prepare your case, present financial evidence, and negotiate the best possible outcome.
Do I need a financial divorce settlement if I have no assets?
Even if you don’t have property or significant savings, it is still important to secure a financial agreement in divorce. Without a court-approved financial order, your former spouse could make a financial claim in the future—for example, if you inherit money, start a business, or receive a financial windfall.
A clean break financial settlement can protect your future assets and ensure there are no unexpected claims down the line.
How can I get legal help with my financial divorce settlement?
Our experienced financial divorce settlement solicitors are here to help. Whether you need assistance negotiating a financial agreement in divorce, applying for a financial order, or ensuring a clean break settlement, we will provide clear and practical advice.
Call us on 0330 818 3132
Or request a free consultation by filling out our form below.
