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southgate solicitors

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Send your details to us and we will call you back to take further information about your matter.

Your separation. Our commitment

We're here to help you

Send your details to us and we will call you back to take further information about your matter.

If you are looking for help with financial relief our specialist solicitors can help you. In addition to office meetings, we offer remote meetings by telephone or video if preferred. To discuss your options call us 24/7 on 0208 004 0065 or email us at [email protected] 

Financial Relief

Financial relief in divorce under English law refers to the legal process of resolving financial matters between spouses upon the termination of their marriage. The aim is to achieve a fair and equitable division of assets and financial resources, taking into account the needs and contributions of each party. Key aspects of financial remedy include asset division, child maintenance, spousal maintenance, property adjustment orders, and pension sharing.
 
Ancillary Relief
Ancillary relief is a crucial part of financial settlements in divorce proceedings. It involves the court’s power to make orders regarding financial matters such as property, maintenance, and pensions. Ancillary relief ensures that both parties receive a fair share of the marital assets and resources. This process can include:

  • Asset Division: Equitable distribution of property and other financial assets.
  • Child Maintenance: Financial support for the upbringing of children.
  • Spousal Maintenance: Ongoing financial support for a spouse post-divorce.
  • Property Adjustment Orders: Orders concerning the ownership and occupation of the family home.
  • Pension Sharing: Division of pension entitlements between spouses.

The court considers various factors, such as the length of the marriage, each party’s financial needs, and contributions to the marriage, to determine a fair outcome.

Clean Break Divorce
A clean break divorce aims to sever all financial ties between divorcing spouses, ensuring no future financial claims can be made by either party. This type of divorce provides financial independence and certainty for both parties. Key components of a clean break divorce include:

  • Clean Break Consent Order: A legal document that finalizes the financial settlement agreed upon by both parties, ensuring no future financial claims. It is essential to have this order approved by the court to make it legally binding.
  • Financial Independence: Both parties agree to waive their rights to any future financial claims against each other, providing a clear financial separation.
  • Comprehensive Settlement: All financial matters, including property, savings, investments, and pensions, are addressed and settled at the time of the divorce.
A clean break divorce is ideal for couples who wish to move forward with their lives independently and without ongoing financial obligations to each other.

What can we do

At southgate solicitors, we offer comprehensive assistance tailored to your needs for your financial relief. Our team of experienced professionals understand the intricacies of family law and are dedicated to providing you with the expertise and support you need during what can be a daunting and highly emotional time.  We have Resolution members and also hold Law Society Family Law Advanced Panel Accreditation which demonstrates our knowledge, skill and expertise in this area of law. 

If you wish to read more about this area of law we have some frequently asked questions at the end of this page – feel free to scroll down to read more.

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Contact Us

You can either call us 24/7 on 0208 004 0065, email us at [email protected] or fill out our contact form below.

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Initial Call

Our client services team will discuss details of your case during a no-obligation call to ensure that it is something we can help you with.

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Strategy Meeting

A specialist solicitor will meet with you to go through your matter in detail and advise on a strategy and options.

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FAQs

Financial remedy in divorce refers to the legal process of resolving financial matters between spouses upon the dissolution of their marriage. This includes the division of assets, allocation of debts, and provisions for ongoing financial support. 

Not necessarily. Many couples are able to reach a financial settlement through negotiations or mediation without the need for court intervention. However, if an agreement cannot be reached, or if there are complex issues to resolve, court proceedings may be necessary. 

The duration of the financial remedy process can vary significantly depending on the complexity of the case, the willingness of the parties to cooperate, and the court’s schedule. Simple cases may be resolved relatively quickly, while more complex cases may take several months or even years. 

The court considers various factors, including the financial needs of each spouse, their earning capacity, contributions to the marriage, the standard of living enjoyed during the marriage, the welfare of any children, and any other relevant circumstances. If there are children of the family, the court’s main priority is that the main carer and the child(ren)’s needs are met. 

In some cases, yes. Financial settlements can be revisited if there has been a significant change in circumstances since the original order was made, such as a change in income, employment status, or financial needs. However, there is no automatic right to reopen financial settlements, and the court will consider each case on its merits. 

Both spouses are required to provide full and frank disclosure of their financial circumstances. If one spouse refuses to disclose relevant information, the court may issue orders compelling disclosure and may draw adverse inferences against the non-disclosing party. 

Yes, assets acquired after separation may be considered part of the matrimonial pot and subject to division, particularly if they are the result of efforts made during the marriage or are needed to meet ongoing financial needs. 

Hiding assets or dissipating funds is considered dishonest behavior and is not tolerated by the court. If one spouse is found to have engaged in such conduct, the court may penalize them by adjusting the financial settlement to ensure a fair outcome. This may include awarding a larger share of assets to the innocent party or imposing financial sanctions. 

A Clean Break Divorce is when both parties agree to sever all financial ties, preventing future financial claims against each other.

A Clean Break Order is a financial settlement that ensures neither party can make future financial claims against the other after the divorce is finalized.

Ancillary Relief refers to the financial claims made during divorce, covering property, maintenance, pensions, and other financial assets.

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We're here to help you

Send your details to us and we will call you back to take further information about your matter, or you can click the number below.

We're here to help you

Send your details to us and we will call you back to take further information about your matter, or you can click the number below.