Financial settlements on divorce or separation

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The financial and practical issues which arise on divorce can often seem difficult and overwhelming, especially in complex, high value or international cases. Our leading team of family lawyers has extensive experience of providing clients with effective solutions and dealing with the financial consequences of divorce.

We provide clear, focused and pragmatic advice on the strategy and conduct of financial remedy proceedings from our offices in London, Oxford, Reading and Guildford. When dealing with financial issues our starting point is effective negotiation - resolving differences practically and efficiently in a child-centred manner. We also offer alternatives to court proceedings, including arbitration, mediation and collaborative law.

In England, the court, in exercising its discretionary jurisdiction, has the ultimate objective of achieving an outcome which is “fair” in all the circumstances of the case. In some cases, fairness will lead to the equal division of the family assets. Expert advice may be necessary in relation to assets which were acquired prior to the marriage, inherited wealth and trusts. Depending upon the circumstances of the case, such interests may not be taken into account on divorce. Similar considerations apply to family businesses and pensions. These can sometimes be protected by pre- or post-nuptial agreements.

Expert advice is also necessary in relation to the duration and quantum of spousal maintenance, for which there is no formula or percentage-based approach.

We offer an online system that can help our clients to understand their legal position, prepare for their first meeting, and provide us with the information required to maximise the value we can deliver. We invite you to get started online.

We offer expert advice on:

  • negotiating financial settlements on divorce or relationship breakdown, in or out of the court arena
  • issues in relation to financial disclosure and expert valuations
  • interim financial remedy applications (Maintenance Pending Suit)
  • applications for Legal Services Orders (costs)
  • the variation and capitalisation of spousal maintenance orders
  • enforcing financial orders where there is a breach
  • financial proceedings pursuant to a foreign divorce (Part III cases)

Recent work highlights

Textbook case

Acting for a client who had founded an extremely successful business. The case had various complex trust issues and was a textbook case for an “exceptional contributions” argument.

Financial issues resolved by collaborative law

Advising the wife, a leading City lawyer, in a case where the financial issues arising from her separation (including financial provision for the children of the marriage) were successfully resolved using the collaborative law model.

Financial remedy for non-resident

Acting for the intervener in financial remedy proceedings between her non-resident Indian son and his wife. The case, which involved very substantial assets and businesses, required a thorough knowledge of the “Hindu undivided family” legislation.

Related expertise

Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP