Divorce or separation is rarely without challenges, and it is often resolving the financial issues that is the most complex, contentious, and stressful, particularly if your circumstances are not straightforward.
We can advise you, no matter how complicated your financial situation might be.
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Pensions can be confusing at the best of times and dealing with pensions in the event of divorce is rarely straightforward. Yet, alongside the family home, pensions are commonly one of the most valuable assets that a couple may have.
The law is clear that pensions must be considered as part of a divorce and ignoring them is likely to lead to an unfair outcome. It is vital that you understand what pensions you and your partner have before committing to any financial agreement.
We work closely with specialist pension advisors and can help ensure you understand what pensions there are, their value, how they can be divided and consider all the tax consequences that may arise as a result.
We have experience and specialist expertise in dealing with all types of pensions, including personal and workplace pensions, final salary schemes, self-invested personal pensions and public service schemes (e.g., teachers, NHS, police, armed forces and local government).
No matter how complex or straightforward you believe the pensions you or your spouse have, it is always recommended you take specialist advice as there can often be hidden value in pensions.
Trusts are a long-established tool for wealth protection and managing the passing of wealth through generations. As well as assisting our expert wealth planning colleagues in considering the impact of relationship breakdown when establishing or altering trust arrangements, we have extensive experience of acting for both the beneficiary of a trust or the spouse of a beneficiary on divorce.
We can carefully guide you through this complex area and offer strategies for ensuring trusts are considered appropriately in your divorce. From how to present the trust in disclosure and negotiations to how to successfully make or defend a claim that the trust represents a resource, we can help.
Complex income situations
Determining and agreeing how to address your incomes in the event of divorce or separation is rarely straightforward.
The law has a high degree of discretion in this area and there can be many variables to consider. Generally,it will be necessary to consider not just the current income you each have, but also what each of you is able to earn and what your respective income needs might be.
Even where both parties are receiving a straightforward salary this can become complex. If the income structures include bonuses, commissions, profit share schemes, self-employed income, share schemes, carried interest incentives, additional benefit packages or other issues are present then the position becomes even more complicated. In those circumstances it will become essential that this is explored with the benefit of expert advice. Whatever your income structure or that of your spouse, we have the expertise to guide you.
We have specialist expertise in dealing with complex finances. Whether your circumstances involve business assets, pensions, trust assets or a complex income situation, we can help.
Paul Linsell is one of a small number of family lawyers in the region to have proven expertise in this area by holding Resolution’s specialist accreditation for dealing with complex finances for middle to high income and asset families.