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Financial Orders

Financial Order

A big part of the divorce process is sorting out the finances. There might be a wide range of financial issues that you have. These can include maintenance payments, child maintenance, savings and business matters. In some circumstances, it might relate to future payments such as pension schemes or inheritance. Most couples who are separating enter divorce proceedings because they want a clean break.

The general approach is that married couple have joint ownership of all assets that exist in a marital pot. In some circumstances, it might be more complex than this and you will need legal advice when it comes to claiming a greater share in certain assets. This could be where one party already owned a house or a business before the marriage.

We advise you to try to agree to as much as you can about financial agreements before you start divorce proceedings. This saves you in costs.

Informal Mediation offered by our Experts:

  • Affordable
  • We offer you a safe and professional setting to discuss important family issues
  • Help you to discuss financial issues
  • Help you to discuss child custody issues
  • Help you to agree to any terms of divorce i.e.  how you will split assets

We can draft consent orders if you are happy with the terms that have been agreed. Please refer to our Financial Consent Order section.

If you are thinking about taking your matter to court then you must try mediation (add in the link to Mediation here) first. The court might refuse your application if you fail to provide valid evidence of trying to mediate. You might be exempt from mediation but you still need to clarify this with a mediator and ask them to provide the court with relevant information about your exemption. Only a registered mediator can provide the necessary evidence.

If you are unable to resolve your financial dispute after trying mediation then consider applying for a financial order.

Please note that obtaining a decree absolute is not enough to end your marriage. You might still receive a financial claim against you if you do not finalise your divorce with a Financial Order. As mentioned above if you are able to agree then you can draft a Consent Order. If you are not able to come to an agreement then we can help you. We can make an application to court on your behalf for a Financial Order. A judge will decide how best to split the assets and make a Financial Order. This is binding on both parties and can often give you a clean break after the marriage. The court will look into any claims for future payments and check if they are fair.

Our experts are aware of the stress that divorce can cause. Call our expert team today so that they can discuss how they can help you.  We work hard to make sure our clients stay positive and are confident in making a fresh start after divorce proceedings.