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Couples may want to make agreements prior to getting married to ensure that you both understand what will happen in the event that the marriage breaks down as relationship breakdowns often lead to disputes over property and finance. Speak to our separation experts for a on 0203 816 0548.
If your relationship or civil partnership has broken down then you may need advice on how the assets should be divided. This can be particularly complicated where there are businesses and/or pensions involved and legal advice should be obtained at the earliest opportunity.
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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.
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.
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.
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.
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.
Karen Atkins talks about financial settlements following a separation. Karen explains what a financial settlement is and how agreements can be reached. Karen also considers the different types of orders available and what they include, the benefits of having a financial settlement worked on by a professional and how the specialists from Stephensons can assist.
"A financial settlement, effectively, is the way in which you share your assets once you've decided that you're going to separate. There's a number of ways of getting there. You can either reach an agreement yourselves at home or you can be assisted, for example, by mediation and you can go along and get some help from a mediator, or you can seek legal advice from solicitors... Here at Stephensons, we've been dealing with this kind of thing for many, many years." - Karen Atkins
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