The Family Home
For many couples, the family home is their most valuable asset.
Common questions include:
- Will our home have to be sold?
- Can I remain in the property?
- Can the home be transferred to one spouse?
- Who will continue paying the mortgage?
- What happens if only one spouse owns the property?
- How will children’s housing needs be considered?
There is no automatic outcome that applies to every divorce.
Possible arrangements can include selling the home, transferring ownership, refinancing or considering its value alongside pensions, savings and other assets.
Our Derby divorce solicitors can advise on property within your wider financial settlement.
Savings and Investments
Savings and investments may also form part of the overall financial position.
These can include:
- Cash savings
- ISAs
- Shares
- Bonds
- Investment funds
- Managed portfolios
- Employee share schemes
- Other financial investments
Proper financial disclosure helps establish what assets exist and their value.
Pensions
Pensions can represent a substantial part of family wealth, particularly following a longer marriage.
They should not be ignored simply because the benefits may not be immediately accessible.
Depending on your circumstances, the financial position may include:
- Workplace pensions
- Personal pensions
- Defined benefit schemes
- Defined contribution schemes
- Executive pensions
- Other retirement benefits
Complex arrangements may require specialist pension or actuarial advice.
Business Assets
A divorce can become more complicated where one or both spouses own a business or hold company interests.
Relevant issues can include:
- Limited companies
- Partnerships
- Family businesses
- Company shares
- Business premises
- Director salaries
- Dividends
- Retained profits
- Business valuations
Where business value is disputed or significant, independent valuation evidence may sometimes be required.
Our solicitors can advise on how business interests fit within the overall financial settlement.
Spousal Maintenance
Some cases involve questions about ongoing financial support after divorce.
Whether spousal maintenance is appropriate depends on factors including:
- Income
- Financial needs
- Earning capacity
- Housing requirements
- Other resources
- The wider financial settlement
Maintenance should normally be considered as one part of the overall financial position rather than in isolation.
Consent Orders
An informal agreement about finances does not provide the same certainty as a legally binding court order.
Where both parties reach an agreement, a consent order can record how matters such as the following will be dealt with:
- Property
- Pensions
- Savings
- Investments
- Maintenance
The court must approve the order before it becomes legally binding.
Discuss Your Financial Settlement
Call 0333 050 5381