How do I get a Divorce Settlement?

Whilst the divorce process itself is standard, agreeing your finances, the divorce settlement, can be the most challenging part of separation and divorce.

If your financial position is complicated, separating your finances and reaching an agreement is likely to need more professional input and support especially if:

  • One (or both) of you owns a business
  • You have children who still financially depend on you
  • There is a big disparity in your future earning capacity
  • One of you has health issues
  • One of you has more assets than the other (for example, the house is in one person’s name, or one of you has built up a much bigger pension
  • One of you has made a larger financial contribution by having accumulated wealth prior to the marriage, receiving gifts from family members or inheritances.

There is no standard formula for calculating appropriate financial provision on divorce. Instead, the court has a duty to consider all the circumstances of the case and to take into account a range of specific statutory factors set out in section 25 of the Matrimonial Causes Act 1973 (section 25 factors).

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