What Is A Financial Order In Divorce UK?

What Is A Financial Order In Divorce UK?Understandably, very few of our clients have prior experience with divorce law and procedure when they approach our family law solicitors for advice following the breakdown of their marriage or civil partnership. One of the most commonly asked questions is ‘What is a financial order in divorce UK?’ So, here, our family law solicitors give a brief overview of financial orders and what they mean for you.

If your relationship has ended and you need legal support navigating your divorce or civil partnership dissolution, our family law solicitors are here to help. As a firm, we strive to offer not only exceptional legal advice, but also to put our clients at ease and relieve some of the burden their legal issues place on them. We frequently receive client feedback noting our ‘courteous’, ‘polite’, and ‘welcoming’ approach, and we will support you through your divorce or civil partnership dissolution with care and understanding.

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How Will My Assets Be Divided Following My Divorce Or Civil Partnership Dissolution?

Dividing a couple’s assets following their divorce or civil partnership dissolution can be a complex process. The family Courts encourage separating couples to work together to decide on a fair split, taking into account their financial situation and respective needs. If you can reach an amicable resolution, our family law solicitors can make your agreement binding by way of a Court Order, which will ensure you both make a clean break and prevent either of you from making further financial claims against the other.

If you need a little extra help reaching an agreement with your ex-partner, you can employ several alternative dispute resolution methods aimed at assisting you in reaching common ground. Examples of alternative dispute resolution methods our family law solicitors regularly use include mediation and the collaborative family law process. They will talk you through the options available, explain the pros and cons of each, and help you decide on the most appropriate one for your case. They will guide you through your chosen process, ensuring you receive everything to which you are entitled.

If you and your partner cannot reach an agreement on how your assets should be divided, you can apply to the Court for assistance. The Court’s usual starting point will be to split your assets equally, but it will take account of the unique circumstances of your case and make an Order that it considers fair.

Examples of the types of issues the Court will consider include the following:

  • If you have any children, their welfare and needs will be the Court’s primary concern.
  • The parties’ financial and accommodation needs.
  • The parties’ income and earning potential.
  • Your ages.
  • The length of your marriage or civil partnership.
  • Your standard of living during your marriage or civil partnership.
  • The nature and extent of your contributions to your marriage or civil partnership, including financial contributions and looking after the home and family.
  • The income of any new partners.
  • Anything else the Court considers relevant in the circumstances.

Given the flexibility afforded to the Court and its wide discretion when deciding the terms of a Financial Order, it is impossible to say with any certainty how your assets will be divided following your divorce or civil partnership dissolution. However, our family law solicitors’ experience and expertise enable them to make accurate judgments on what the Court will likely do in any given case, so they can provide valuable guidance on what you can expect.

What Is A Financial Order In Divorce UK?

A Financial Order in divorce UK is a legally binding Court Order that details how your assets are to be divided following your divorce or civil partnership dissolution. If either party breaches the terms of the Order by, for example, refusing to pay any lump sum they have been ordered to pay, their ex-partner can apply to the Court to enforce the Order. The types of enforcement action appropriate in your situation will depend on the nature of your ex-partner’s breach and their assets but might include applying for a charge over any property they own or asking that any money owed to them be paid directly to you. Our family law solicitors will advise on your enforcement options and pursue your chosen method on your behalf.

A Financial Order in divorce UK is an essential step in establishing a clean break from your ex-partner. Without a binding Court Order in place, either party may be at liberty to make a claim against the other’s assets at any point in the future. If you reach an amicable settlement with your partner, our family law solicitors will ensure the terms of your agreement are enshrined in a Financial Order that binds you both and allows you to move forward.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

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