Financial Settlements

We can assist you with your financial arrangements following the end of your relationship.
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Cohabiting & Unmarried Couples
 

Financial Settlements

The breakdown of a marriage is not just emotionally difficult, it is also financially difficult. We are aware that you will be anxious to ensure your family’s future is financially secure. We are a team of legal experts who can assist you through these complex matters. We are experienced in assisting individuals, ranging from straightforward low value to high net worth claims. We are a friendly, experienced and intelligent team that treat all clients (regardless of wealth) the same, and provide a tailored service which aims to try to save you money by negotiating and settling issues - without expensive Court proceedings.
Getting the right financial deal for you should not be left down to chance. If you require assistance with any aspect of resolving finances after the end of your relationship, please contact us today….
Cohabitation Agreements
 

High Net Worth Divorces

We appreciate that high net worth divorces often require a more technical approach, due to the substantially more complex nature of the proceedings. These types of proceedings can often require extended proceedings and cover difficult issues such as: complex international issues; high-value assets; high incomes; business assets; pensions; tax liabilities; trust(s); property and additional child maintenance issues. We are on hand to ensure you are supported not only by our legal expertise but also a wide array of experts who can help to decipher the complex matters, with a view to ensuring you receive a fair financial outcome.
These complex matters require us to often unravel and guard substantial finances, properties assets – including international assets. We are happy to guide you through these complex proceedings….
Relationship Breakdown for Cohabiting Couples
 

Financial Provision Calculation

There is no standard formula calculating financial provisions on divorce and the Court will consider all the circumstances of the case and a range of issue statutory factors known as s.25 factors (s.25 Matrimonial Causes Act 1973). These are:
  • The income and capital resources available (existing or reasonably foreseeable in the future)
  • Financial needs, including:
    • The ages of the parties and the period they have been married;
    • The standard of living enjoyed by the parties; and
    • Any disabilities.
  • Further factors are:
    • In exceptional circumstances, the conduct of a party;
    • The contributions made by each party; and
    • Any benefits a party will lose because of the divorce.
The above factors are used to calculate and distribute the available resources between you and your separating partner. The first consideration, before applying the s.25 factors, will be the welfare of any children.

The starting point will be 50% - 50% split. This is appropriate where the assets provide sufficiently for the parties and children. In some circumstances, unequal division may be necessary, and the parties can argue as to why they consider that a greater share of the assets should be received by them. If possible, the Court will try to achieve a clean break, so the parties are not financially reliant on each other in the future. The types of Orders that can be applied for are:
  • Maintenance Pending Suit: This order is an interim order for your ex-partner to make regular payments to you whilst the financial proceedings are on-going.
  • Legal services Order: This order can be where the Court order your ex-partner to pay money towards your legal costs.
  • Maintenance Payments: This order would require your partner to make regular payments for a fixed period or on an on-going basis.
  • Lump Sum Payments: This order would grant a lump sum payment from your ex-partner which would be payable together or in installments.
  • Property Adjustment Orders: This order can include orders to sell, transfer or settle in trust the property for you or your children’s benefit.
  • Compensation for loss of Pension Rights/Orders – This order can include a sharing or attachment order for entitlements.
  • Child Maintenance: This order can be for periodical payments for the maintenance of the child.
 

Call now for assistance

 
We are available to discuss your financial matters and to guide you through the process.
We do NOT charge you to initially discuss your matter. We will assess your circumstances and explain how we can assist you.
We try to save you costs by attempting to reach an agreement without the need for formal Court proceedings.
Please contact us to see how we can support you.
 
0161 250 7771
 
07546 785 771
(24 hour helpline)
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Expert Legal Assistance – Financial Settlements

The process of resolving financial matters is difficult enough, without the parties becoming embroiled in needless arguments. The aim of the matters should be to try to achieve an agreement without unnecessary costs, disputes and proceedings. Our experienced team will work hard to protect your financial position and assist you. We can also access our wide-ranging experts to ensure that your case is prepared appropriately. It is important to have legal representation that can help you to understand the complex matters, we consider our team is in an excellent position to consider your matter and assist you. Please contact us if you need any assistance.
We look forward to hearing from you.
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Approach a divorce financial settlement in the right way

Resolving who gets what at the end of a partnership can be a messy affair. But we make it faster and simpler. Get the support you need to move on now.

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Reach a financial settlement without further pain

The break-up of a marriage or civil partnership can be extremely draining. You’re dealing with intense emotions and a complex relationship history, and it may be difficult to untangle the property, debt, and finances that you have together. There are often disagreements too. That’s why we use our vast family law experience – as well as our sensitive approach – to prove what you’re due and get exactly what you’re entitled to. 

From living arrangements and child maintenance to dividing up assets and outstanding debts, Optimal Solicitors get right to the heart of what you’ve shared as a couple – and how it should be separated. We give a fast, thorough assessment of everything you’ve achieved together, to make sure that your case isn’t open to further questions or delays. We also build a sympathetic understanding of how you got to this point and why the divorce or dissolution may have happened.

In the vast majority of cases, we’ll settle before court. Yet if we have to take things further, we will – even preparing a decree nisi to make the separation itself legal if necessary. When you choose Optimal, you’ll get the confidence you need to start afresh.


We’ll help you reach an agreement

No matter how high tensions are between you and your partner, there’s usually light at the end of the tunnel. To get there, we’ll explain what you must prove. Our initial consultation is free of charge, then we can meet and begin to draw the facts together. We’ll walk you through the entire process towards a resolution, and even represent you during any dialogue with your partner’s legal team. 

Let’s talk about your independence 


True specialists in divorce financial settlements 

When it comes to a split, people rarely share the same level of ownership and earning power. One of you may be dealing with health concerns, or hold more childcare responsibilities. Meanwhile, you may disagree on what to do with shared assets – for instance, whether to sell a property, keep it, or transfer ownership. Only an experienced legal team can sift through the detail, focusing on what matters most to you.

Optimal know where the balance lies. We’ll learn more about your contributions over the years, which decisions you made together, and what your long-term financial prospects were before the break-up. Our expertise in family law helps us do what’s best for you and any children, including the arrangement of maintenance payments. 

Often, it’s wise to resolve financial settlements before divorce proceedings begin, so you’re dealing with one thing at a time. We’ll examine many factors as we propose an agreement, such as:

  • The standard of living you had during the partnership, regardless of the income you brought directly into the household. 
  • The non-monetary responsibilities you took charge of, such as childcare, housekeeping, errands, and transport. 
  • Maintenance payments for a child who is only living with one of you for the foreseeable future. 
  • Any sudden withholding of a joint account that affects your basic living expenses.
  • Shared business interests or rental property you both own. 
  • How long the partnership lasted and your respective ages (this may limit the chances of remarriage or achieving more financial independence).

We’ve helped thousands of people, just like you, get the best outcome

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Why Optimal Solicitors

For over a decade, we’ve been moving clients towards a quick, legally binding resolution, using our experience in other legal areas to handle complex cases. It doesn’t matter whether you’re married, have a cohabitation or nuptial agreement, or have never made formal commitments for shared assets before – we’ll work tirelessly to prove precisely what you’re owed. 

If you want to discuss childcare, property rights, or the full particulars of civil partnership entitlements, you can get a free consultation with a dedicated member of our team. We’ll adapt ourselves to your requirements and never leave you out of the conversation. Speed, clarity, and empathy – that’s what you need for a swift end to this painful period. And that’s exactly what we offer.

 

There will likely be much to consider and account for when building a list of the assets you’re due and the debts you can avoid. Optimal’s team will communicate what we need – and what you stand to gain – in simple terms, free of any jargon. 
Let’s reach an agreement in the way that works for you. If you’re between homes, living overseas, or juggling a settlement with a busy job, we’ll fit around your schedule. Optimal Solicitors are open beyond 9am-5pm, and are readily available by phone or email.
 
You’re facing enough financial uncertainty already right now. So you shouldn’t have to worry about legal fees too. Our free consultation gives a good idea of what’s ahead. If you proceed, rest assured that we’ll keep everything accessible and cost-effective.

FAQs

You can, but we don’t advise it. There are several reasons to get a settlement first. If you remarry before achieving a settlement later, you may lose any right to the former partner’s assets. Some assets, such as pensions and capital ownership, are best transferred when you’re still legally married. Also, informal agreements (i.e. those that you make in private and don’t write down) won’t act as a binding contract if either of you change your mind later.
Clean breaks are essentially a single division of assets. This is an arrangement in which neither of you pay ongoing maintenance or support for the other. You can only have a clean break from your spouse or civil partner (not your children), and once the settlement has been approved, your former partner can’t claim for anything again.
In almost every case, they don’t. But there are exceptions, such as if you’ve been the victim of domestic abuse [LINK: Domestic Violence]. Another example might be spending recklessly from a shared bank account or family business. If these situations apply, you or the other person can seek extra compensation for damages and financial restrictions.
If you’re awarded court-approved maintenance, the ex-partner must see that you receive it. Typically, that means making monthly payments to yourself, your child, or both. The court can force the partner’s employer to take such funds out of their payslip directly. Tampering with or avoiding this may result in prosecution.
Should one of you prefer to stay in the home and the other leave, you will probably have to give them an equivalent value of assets to make up for their share of the property. If you don’t have that many assets, then the home must be sold. However, if you have children, you might choose to stay with them in the home and agree to sell when they’re old enough to leave (you would therefore give your ex-partner a portion of the sale at that date).
This is a document that basically confirms that there’s no reason why you shouldn’t separate and gain a divorce settlement. You can get it whether the partner agrees or not, depending on a court hearing. When it has been granted, you will have to wait 43 days before it’s possible to ask for a ‘decree absolute’, which ends the marriage.

Speak to us now for a recommendation without the legal fees 

Optimal are committed to making legal aid accessible and trustworthy from the start. That’s why we never charge for our first consultation. Ask us anything, and know your rights before taking things further. 

0161 250 7771

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Move on to a new life

Reach a divorce financial settlement with us