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Once you’ve made the decision to divorce, the prospect of untangling shared finances and assets can feel overwhelming. But reaching a fair financial settlement is a crucial step toward securing your future. Our experienced family lawyers specialise in advising on and negotiating financial settlements, drawing on years of expertise to give you clear, practical guidance tailored to your unique situation.

We take the time to understand your goals and work closely with you to develop a strategy that aims to resolve matters with minimal stress, cost, and delay. Throughout the process, we’ll stand firmly in your corner, protecting your interests and helping you move forward with confidence.

Why is a financial settlement important?

A divorce financial settlement legally sets out how the assets, debts, pensions, and income will be divided between you and your ex-partner. Although you can divorce without a financial settlement, doing so means that financial ties can remain open indefinitely, meaning your ex-spouse could make a claim on your future earnings, property, or inheritance, even years after the divorce.

A properly negotiated financial settlement provides clarity, certainty, and protection. It helps ensure your financial future is secure, your assets are safeguarded, and both parties know exactly where they stand.

Why use our postnuptial agreement solicitors?

  • Strategic, tailored advice – We do not just apply the law; we apply it to your advantage. Whether your case involves complex assets, business interests, inherited wealth, or pensions, we create a bespoke plan focused on protecting your future and using creative solutions.
  • Discreet and effective negotiation – Our skilled negotiators aim to resolve matters out of court where possible, safeguarding your privacy and keeping costs proportionate. If court is necessary, we have the litigation experience and tenacity to stand firm for your interests.
  • Specialist support beyond the law – We know divorce is more than a legal issue. That’s why we can connect you with trusted financial planners, therapists, and family consultants to help you manage the emotional and practical challenges that come with separation.
  • Child-focused approach – Where children are involved, we work with the utmost sensitivity, ensuring their wellbeing is prioritised in any financial or living arrangements. Our facilities for mediation and child-inclusive solutions help promote outcomes centred around children wherever possible.
  • Multi-disciplinary strength – As part of a full-service law firm ranked by Chambers UK and The Legal 500, we collaborate seamlessly with in-house experts in property, tax, Trusts, and private client matters, offering a fully integrated solution under one roof.

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Divorce financial settlement FAQs

How long does the financial settlement process usually take?

The time it takes to reach a financial settlement varies depending on the complexity of your finances and how quickly both parties are able and willing to reach an agreement.

In straightforward cases where both sides are cooperative, a financial settlement can be agreed in as little as 3 to 6 months. However, if there are disputes, delays in financial disclosure, or court proceedings are needed, it can take 12-18 months or more.

Using negotiation, mediation, or other out-of-court processes, we can often help speed up the process and avoid the need for court. Whatever your situation, our goal is to help you reach a fair agreement as efficiently and stress-free as possible, while ensuring your interests are fully protected.

Do we need to go to court in a divorce settlement?

Court is not always necessary in divorces, and in many cases, it can be completely avoided. At Boyes Turner, we work hard to help clients reach fair, practical financial settlements without the stress, cost, and delays of going to court. Our focus is always on finding constructive, amicable solutions wherever possible.

For couples looking to separate on good terms, we offer joint services where both parties can receive advice and work through their settlement together in a transparent and collaborative way.

For couples who may be struggling to agree on terms, Paul Linsell, Partner in our family team, is an accredited mediator, offering professional mediation services to help resolve matters peacefully and productively.

Whether acting for you individually or assisting you as a couple, we will guide you on which processes are right for you, with court often seen as a last resort.

What am I legally entitled to in a divorce settlement?

There’s no standard calculation for dividing assets in a divorce; what you are legally entitled to will depend on your individual circumstances. The law aims for a fair outcome, taking into account factors such as the length of the marriage, your financial needs, the contributions both partners have made (including non-financial ones like childcare), and the standard of living during the relationship.

In many cases, the starting point may be a 50/50 split, but it is rarely as straightforward as that and adjustments are often made to reflect each person’s needs, particularly where children are involved, or contributions to the marriage. Dealing with finances on divorce is likely to be one of the biggest financial decisions our clients make, so it is important to take early advice and understand what your circumstances look like.

What happens if my ex-partner is hiding finances during the financial settlement process?

If you suspect your ex-partner is hiding assets or not being fully transparent about their finances, it’s important to act promptly and get expert legal support. Our family solicitors are experienced in identifying and investigating hidden assets through thorough financial disclosure requests and, if necessary, involving forensic accountants. In extreme cases, it is even possibly to seek emergency injunctions.

The law requires both parties to provide full and honest disclosure of all relevant financial information. If your ex-partner fails to do so, the court can impose penalties, and any settlement reached without full disclosure may later be challenged or set aside. We can help guide you on taking a pragmatic approach based on your circumstances.

Can my ex-spouse claim on my future earnings or inheritance?

Generally speaking, once a divorce is finalised and a financial settlement agreement or a court order is in place, your ex-spouse cannot make claims on your future earnings. However, if no formal financial settlement was made during the divorce, your ex may still be able to make a claim in the future, especially if you come into significant wealth, such as through inheritance.

Inheritance is usually treated as separate property, but in some cases, especially if it is mingled with joint assets or used to support a shared lifestyle, it could be considered during financial proceedings. This can be a complex area of the law where advice specific to your circumstances will assist.

What happens if we divorce without a financial settlement?

It is important to put a financial settlement in place on divorce, even if that is difficult to agree. If you feel that you and your ex-spouse will find it hard to agree on a financial settlement, the first step is usually to try mediation. This is a process where an independent, trained mediator helps you both reach a fair agreement. Mediation is often quicker, less stressful, and more cost-effective than going to court.

If mediation doesn’t work or isn’t appropriate, there are a range of other processes that may assist or, if necessary, either party can apply to the family court for a financial order. The court will then decide how assets, income, pensions, and other financial matters should be divided. This process involves several stages, including financial disclosure and hearings, and can take several months or more to resolve.

If you divorce without a financial settlement in place, you will likely leave financial claims open between you. This means that your ex-spouse could make a claim against you in the future, potentially even several years after the divorce. Given circumstances could change, there is a significant risk if the finances are not tied off properly.

If you are struggling to find a settlement, Paul Linsell, Partner in our Family team, is a trained mediator and a MIAM is often a sensible step to explore how to get unstuck. Find out more about mediation, and our aim to stay out of court. 

What is covered in a divorce financial agreement?

A financial settlement in divorce can cover a wide range of assets and responsibilities, including:

  • Property – such as the family home and any other real estate.
  • Savings and investments – including bank accounts, stocks, and bonds.
  • Pensions – which can be shared or offset against other assets.
  • Trusts – whether a party is a beneficiary, trustee or settlor.
  • Debts and liabilities – such as loans, credit cards, or mortgages.
  • Income – including future maintenance payments, if agreed or ordered.
  • Business interests – if either spouse owns or has shares in a business.
  • Personal belongings – such as cars, jewellery, or furniture.

It is also important to consider what the future will look like, alongside issues such as life insurances, provision on death and tax. The goal is to reach a fair and reasonable division that considers both parties’ needs and circumstances, especially where children are involved.

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