personal finances

Navigating your finances through divorce: A comprehensive guide
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Navigating Your Finances Through Divorce: A Comprehensive Guide

Published on
Andrew Robotham
Andrew Robotham
Divorce & Family Lawyer
Woolley & Co Solicitors

Going through a divorce is undoubtedly a challenging time, and it’s crucial to understand that completing the legal process is just one aspect. Sorting out finances is equally important but often overlooked. In this guide, we’ll address common reasons why people delay or avoid settling financial matters, emphasising the potential pitfalls, and offering guidance for a smoother financial transition.

Why do some delay a divorce settlement?

  1. Believing there is nothing to protect: Some couples think they have nothing valuable to protect, so hiring a solicitor seems unnecessary. However, even seemingly modest assets should be properly addressed to avoid future complications.
  2. Self-resolution confidence: Couples who are amicable and believe they can sort out financial arrangements by themselves may delay seeking professional advice. While this may work initially, unforeseen changes or disagreements can arise later.
  3. Cost concerns: The perception that hiring a solicitor is expensive leads some to avoid professional assistance. However, the long-term financial consequences of not settling matters properly can far outweigh the initial cost.
  4. Information agreements: Couples who have informally agreed on financial matters may skip the formal process. Unfortunately, without a legally binding agreement, these arrangements can be challenged in the future.
  5. Postponing due to stress: Some couples decide to delay financial discussions, thinking they can revisit them later. However, procrastination can lead to legal and financial complications down the road.

Importance of timely settlement

Future claims:

Without a consent order, an ex-partner may have legal claims on assets acquired post-divorce, such as lottery winnings or inheritances.

Changing circumstances:

Amicable relations can change due to new partners or altered circumstances. A delay might result in a partner changing their stance on previously agreed-upon terms.

Tax implications:

Delays may lead to unnecessary tax liabilities, especially regarding capital gains tax on property sales not considered the main residence.

Asset valuation:

Waiting to resolve assets can lead to disputes over their current value, potentially disadvantaging one party. It’s crucial to have up-to-date valuations during settlement discussions.

Financial advice and consent orders

Seek professional advice:

Consulting financial advisors and solicitors ensures you make informed decisions and protects your interests in the long run.

Consent orders:

Even if you’ve amicably agreed on terms, formalise the agreement with a court-issued consent order. This legally binding document prevents future disputes and ensures financial clarity.

Conclusion: Take control of your financial future

In conclusion, while the emotional aspects of divorce are undeniable, addressing financial matters promptly is crucial for a secure future. Regardless of the simplicity of your financial situation, seeking professional advice and obtaining a consent order will protect you from potential legal and financial pitfalls. Remember, the initial investment in settling matters now is far less than the potential cost – both financially and emotionally – of neglecting proper financial resolution. If you’ve decided on or are going through a divorce, ensure your financial affairs are in order for a smoother transition into the next chapter of your life.

Read more articles by Woolley & Co Solicitors.

About Andrew Robotham

Andy is an experienced divorce and family lawyer with Woolley & Co, Solicitors. He has built an enviable reputation in the Derbyshire and Leicestershire area. He deals with all areas of matrimonial law, including divorce, children matters, financial settlements as well as civil partnerships, separation, cohabitation, and prenuptial agreements.

In the 2020 edition of Legal 500 Andy is named as a Recommended Lawyer for Family Law in the East Midlands, where it is noted ‘Andrew Robotham’s qualities are numerous. He is able to combine empathy for the situation as well as total professionalism that the circumstances demand’.

You can visit Andy’s profile here for more.

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Will I Lose My Personal and Business Assets in Divorce?
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Will I Lose My Personal and Business Assets in Divorce?

Published on
Kate Booth
Kate Booth
Solicitor, Head of Family & Matrimonial
Brindley, Twist, Tafft & James Solicitors (BTTJ)

Former partners have the right to claim a stake in anything from their ex’s business to a jackpot win unless the correct legal procedures have been followed to ensure full protection.

Without a financial order in place – which includes a clean break – divorcees are leaving themselves exposed to the risk of being forced to part with personal or business assets.

A divorce simply ends a marriage. Without a financial order couples are still financially tied in the eyes of the law. So if a person later builds a big nest egg, has a successful business, makes a good return on the sale of a property or wins the lottery, their ex has the right legally to make a claim against them.

Although dividing up a business and its assets is a lot more complicated for the courts, it is still not without risk. A lot of it comes down to personal circumstance.

A court will look at various things such as the length of the marriage, when the business began, the kind of business it is, its assets, how much it was worth in the past and by how much it has increased during the marriage – in some cases a business will be deemed as an asset capable of being divided.

Factors which help determine a court’s ruling include the financial circumstances of each of the individual parties, ensuring both sets of financial needs are met to accommodate a decent standard of living.

Where possible courts will look at meeting a spouse’s financial needs without dipping into non-matrimonial assets.

A person who has remarried would generally be unable to make a claim against their former spouse, but the person who remains unmarried can still apply.

People who end their marriages with online divorces, including couples who make a joint application, may be among those who later find themselves the subject of claims.

With no legal advice included in the ‘DIY divorces’ many remain unaware the divorce simply means the end of the marriage and not the end of financial ties.

It comes back to the first piece of advice we would always give which is do not leave things, even if very amicable at the point of divorce, as if one day circumstances change – for example unemployment, illness or injury – a court can only work from values of assets at the time the application is brought.

It may rule that an increase in the value of the business should not be attributed to the person making the claim, but there is always a danger that it might be.

For further details on BTTJ log on to www.bttj.com.

Read more articles by Brindley, Twist, Tafft & James Solicitors (BTTJ).

About Kate

Kate deals with private family law cases including divorce and related financial matters, children, injunction and cohabitation issues. She also advises clients in connection with pre-nuptial and cohabitation agreements.

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