We help you sort out your finances after a relationship breakdown.

We’ll let you into a legal secret – the process of divorce is not the hard bit in separation. The real reasons to worry are your finances and your children.

The process of sorting out the money depends on whether you’re married or in a civil partnership, or living together. Either way, we can let you know exactly where you stand without any obligation.

Your first meeting with us costs £180.

And that price is fixed no matter how long it takes for you to tell us your situation. We’ll tell you where you stand legally, what might happen next, and how much it will all cost.

First, you need to know where you stand. Below, we explain the basics of finances and divorce, how to get started, and what your next steps should be.

How to sort my income, form E. Family First Solicitors

If you’re married or in a civil partnership.

You have the protection of a legal framework that gives some kind of structure to the way the money is divided. By using that framework to your advantage:

  • We will make sure your financial needs are addressed
  • We will push to achieve full disclosure of the matrimonial assets
  • We can look at whether you keep the house at least until the children are grown up
  • We can make sure any maintenance is fair to you
  • We can help you negotiate a clean break
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What you need to know If you’re married or in a civil partnership.

Getting to a fair agreement can be broken down into 3 parts…

This is called “disclosure” by family lawyers.

It means the process of listing all the assets. For example: your house, all the bank accounts, the value of a business, the pensions, don’t forget digital wallets like Monzo, PayPal and app based share trading platforms!

You have a duty of “full and frank” disclosure and so does your ex. But sometimes a skilled lawyer or mediator is needed to help them understand why everything has to be disclosed.

Paperwork is very important at this stage. Are you going to use the court form, called Form E to list the assets? Are you going to do it informally? Are you going to use a mediator? Can you use our Single Solicitor Service?

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If you were both business people then negotiating would be easy right?

It would just be about the money and you wouldn’t feel guilt or anger or real worry about where you are going to live. But this is not a commercial negotiation. The rest of your life and living standards may depend on how well you negotiate.

There are lots of options for negotiation. You can use: mediation, Single Solicitor Service, arbitration, collaborative law or solicitor negotiation or, of course, court. None of these ways are wrong, but some are more expensive, some are more suitable and some are faster than others. You need to pick the right way for you.

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  • A Mediator – they help you negotiate face to face. Think of them as a neutral referee. They blow the whistle on any shouting , pressure tactics, or unfairness. Usually you are negotiating face to face with the mediator present. They cannot give you legal advice.

  • Resolution Together Single Solicitor Service – this is where you share a solicitor who acts for both of you. They can give legal advice, it can be a very effective way of getting  the answer to “is this the best deal I can get and is it right for me?”

  • An Arbitrator – this is a different way of resolving disputes. You agree a contract that you will abide by whatever the arbitrator decides is fair in your case. Usually the arbitrator is a very senior lawyer, like a QC or even a retired Judge. They will not give you legal advice and you will need lawyers at your side throughout.

  • Collaborative law – your lawyer and you meet with the other party and their lawyer. You only ever have 4-way meetings, face to face. There is usually no correspondence exchanged as it is all done in the meetings.

  • Solicitor negotiation – Your own solicitor helps you get disclosure and then advises you what offer to put forward. The bulk of the work is done through letters to the other party or their lawyers.

  • Court – a very well known option – a timetable is set by the court. The first hearing usually resolve disputes about disclosure. The second hearing is where you try and reach agreement with the help of the Judge and if you do not settle, there will be a third hearing. At this final hearing the Judge hears evidence (usually by cross examination and statements) and make a decision for you.

    If you are not sure which is the right way for you, give us a call, we are happy to talk through your options.

The third phase is usually the most straightforward.

Once the negotiation produces an agreement then it needs to be put into a document that binds both parties – then you can rely on it in the future. This is called a Consent Order. The deal is turned into a legally drafted document and your lawyer asks the court to approve the order, by signing and sealing it. Much of this can be done online and this speeds things up considerably

The Judge is no rubber-stamp though. Judges can and will send back draft Consent Orders that don’t make sense or which seem to be unfair to one party. This is why legal advice throughout the process will help you come to a deal that is fair to you and acceptable to the court.

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If you’re living together but not married.

It’s more tricky and that is where specialist advice really comes in useful. We can help you:

  • Establish the strength of your financial claim to any joint or mixed assets
  • Decide whether to resist pressure to sell the house when you are unmarried and want to keep the house until the children are grown up
  • Understand your maintenance options and obligations to you
  • If you are dealing with a “ToLATA” (Trusts of Land and Appointment of Trustees Act 1996) claim we can help you in court
  • We can help with Schedule 1 claims under the Children Act 1989
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What you need to know if you’re living together but are not married.

Maybe you had a ‘living together’ agreement? Or maybe a deed of trust – this will tell what you agree will happen to money or the house. One thing you do not have is a ‘common law marriage’ – they don’t exist. So your rights are going to be centred in complex trust laws if anything you own is in joint names.

If, like many people, you did not have a deed or living together agreement, to protect yourself, you may need to negotiate a settlement or issue court proceedings to come to a deal.

Mediation, Single Solicitor Service, collaborative law and arbitration are all possible options for settling this kind of dispute. Finances on divorce can be complicated, so getting early advice is key. Do not set off down the wrong road and end up spending tens of thousands of pounds on advice that gets you nowhere.

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Family Law Articles and Advice

Finances, Divorce and Family Law: Frequently Asked Questions

If you are considering separation or divorce, you will have questions about the rules, costs and common misconceptions surrounding family law, finances and divorce.

In this section, we cover the most frequently asked questions we receive about family law, separation and divorce, and we continually add new topics as they arise.

If your query is not covered, simply call us on 03334 440 003 of fill in the enquiry form below and we’ll do our best to help you.

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If your spouse is dissipating marital assets before your divorce is finalised, you may be able to apply for an injunction to stop them. These are complex applications and specialist legal advice is essential before proceeding.

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