How much money will I receive in the settlement?
There is no set formula for calculating financial settlements. Instead the Court has a very wide discretion as to what orders it can make when assessing financial settlements. The Courts take a large range of factors into account including the length of your marriage and your respective contributions. We can advise you on how these factors apply to you.
What should I do if I find out that my husband or wife is getting rid of assets?
You should seek immediate legal advice as it is possible to apply to the Court to freeze your spouse's assets or to get things back if they have already been sold.
Do I need a solicitor if we have agreed a financial settlement between ourselves?
It is always advisable to have the agreement which you have reached embodied in a Consent Order to prevent your husband or wife from changing their mind and making further financial claims against you in the future.
Can I obtain a financial Court Order even if we decide not to get divorced?
Unfortunately if there are no proceedings relating to the marriage then it is not possible to obtain a Court Order. However it is possible for the financial agreement reached to be incorporated into a Separation Agreement.
Is a Pre-Nuptial Agreement the same as a Court Order?
Pre-Nuptial Agreements are still not legally binding under English Law. However they are increasingly being upheld by the Courts where they have been properly prepared and provided both parties have taken separate independent legal advice.
