The Family Home
For many couples, the family home is their largest financial asset.
Common questions include:
- Will our home need to be sold?
- Can one spouse remain in the property?
- Can ownership be transferred?
- Who will continue paying the mortgage?
- What happens if the property is registered in one spouse’s name?
- How will children’s housing needs be considered?
There is no automatic solution that applies to every divorce.
Possible arrangements may include selling the property, transferring ownership, refinancing or considering its value alongside pensions, savings and other assets.
Our Exeter divorce solicitors can advise on the family home within your wider financial settlement.
Savings and Investments
Savings and investments can form an important part of the overall financial position.
Relevant assets may include:
- Bank savings
- ISAs
- Shares
- Bonds
- Investment funds
- Managed portfolios
- Employee share arrangements
- Other financial investments
Full financial disclosure can help establish what assets exist and their value.
Pensions
Pensions can represent a substantial proportion of family wealth, particularly following a longer marriage.
They should not be ignored simply because pension benefits may not be immediately accessible.
Relevant arrangements may include:
- Workplace pensions
- Personal pensions
- Defined benefit schemes
- Defined contribution schemes
- Executive pension arrangements
- Other retirement benefits
More complicated pension arrangements may require specialist pension or actuarial advice.
Business Assets
Divorce can become more complicated where one or both spouses own or have an interest in a business.
Relevant matters can include:
- Limited companies
- Partnerships
- Family businesses
- Company shares
- Commercial premises
- Director remuneration
- Dividends
- Retained profits
- Business valuations
Where a business interest is significant or its value is disputed, independent valuation evidence may sometimes be required.
Our solicitors can advise on how business interests fit within the wider financial settlement.
Spousal Maintenance
Some cases involve questions about whether one former spouse should provide ongoing financial support to the other.
Whether spousal maintenance is appropriate depends on the individual circumstances, including:
- Income
- Financial needs
- Earning capacity
- Housing requirements
- Other available resources
- The wider financial settlement
Our solicitors can explain how maintenance may fit into your overall financial arrangements.
Consent Orders
An informal financial agreement does not provide the same certainty as a legally binding court order.
Where you and your former spouse have reached agreement, a consent order can formally record the terms concerning:
- Property
- Pensions
- Savings
- Investments
- Maintenance
- Other agreed financial arrangements
A judge considers the proposed order before approval, and a court-approved consent order provides a legally binding framework for the settlement.