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Financial Settlements in Chesterfield, Sheffield, Dronfield and Mansfield

At Banner Jones we can offer guidance on suitable Divorce Financial Settlements.

Among the first questions we are asked are: "how will our finances be divided?" and "how will we come to a divorce settlement agreement?" At Banner Jones our experienced divorce solicitors based in Chesterfield, Dronfield, Mansfield and Sheffield will work with you to achieve the best divorce settlement available.

Divorce Financial Settlement negotiations take into account several factors including:

  • The financial and other needs of any children
  • The current earnings of both parties
  • The potential future earning capacity of both parties
  • Length of the marriage
  • Standard of living enjoyed during the marriage and income needs
  • Contributions that both parties have made to the marriage, both financial and otherwise – including looking after the house or caring for children
  • Assets of each party, including accrued pension values

 

Reaching a Financial Divorce Settlement Agreement

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The ideal solution is for an amicable financial divorce settlement agreement to be reached by negotiation between both parties and their divorce solicitors. This will help to minimise legal fees and avoid the necessity of going to Court to reach a divorce settlement.

If an agreement can be reached out of Court then your divorce solicitor will draw up a consent order giving full details of the agreement reached. Both parties sign this agreement and it is then sent to the Court for a Judge to check it is reasonable before the Court endorses it as a legally binding order. We would always advise couples to try and come to an agreement on the divorce settlement before having to go through the Court process.

Clean Break Agreements

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A clean break is a type of divorce settlement where all finances are finalised at the point an agreement is implemented. It usually involves a split of assets between the parties with no ongoing spousal maintenance.

A clean break is also achievable in cases where spousal maintenance would normally be payable. If enough assets exist to enable the party liable to pay maintenance to transfer assets of a suitable amount, then this can negate the payment of maintenance on a capitalised basis.

Once a clean break has been accepted by the court neither party can try to claim additional assets or maintenance at a later date, no matter what their change of circumstances.

A clean break agreement applies only to your spouse. It is not possible to get a financial clean break in respect of your children as you have an ongoing responsibility to support them.

Contact a Solicitor for helpful advice on Financial Settlements

At Banner Jones we have a team of expert divorce solicitors who are highly experienced and will treat each case uniquely depending on your circumstances. Our family law specialists achieve solutions through confidential settlements, we will ensure that we get the best financial settlement for you. We have worked on many divorce cases and have been successful at achieving the best divorce settlements for our clients.

We have offices in Chesterfield, Sheffield, Dronfield, Mansfield & Nottingham.

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Common Financial Settlements Questions

Are business assets taken into account in a financial settlements?

Yes, there is no presumption that the individual who has built up the business has a greater claim to the business assets. The other partners contribution to the marriage such as looking after the family home and any children may also be considered to be equally large. This may mean each partner is entitled to around half the value of the business.

In many settlements an agreement is made which allows the business to continue.

For example one partner may retain ownership of the business and pay maintenance out of the income of the business.

The partner who retains ownership of the business could borrow against the business to provide a lump sum for the other partner.

In some cases the company may be split into two separate businesses.

Where possible courts do try and avoid coming to an agreement that results in the break up of a business.

Can I make financial claims against my civil partner if the Civil Partnership is brought to a conclusion?

Civil partners can make claims against each other’s finances in the same way that heterosexual married couples can.  If there are financial issues stemming from your separation and dissolution of the civil partnership you will need to take further detailed advice and we recommend that you contact one of the family team who can give you specific advice in relation to this complex area of law.

Does the reason of the divorce have any effect on how the financial settlement is worked out?

Rarely, generally any financial settlements are fair and should give priority to the welfare of any children. If you commit adultery this does not affect this. Your behaviour may however affect the agreement of who looks after any children and the contact that the partner is allowed.

Extreme behaviour may be taken in to account, say if one partners violence has affected the other partner. If one partner acts recklessly in an attempt to deliberately sabotage the financial position this could also be taken into account. 

Do we have to agree a final financial agreement before a divorce settlement can go through?

No you do not however we advise that an agreement is to be reached on financial issues before the Decree Absolute is finalised. Important entitlements can be lost in some circumstances once the decree absolute has been granted. 

Once we divorce can I settle any financial claims?

Yes you can for example a spouse who may be paying maintenance is able to agree on a appropriate lump sum and/or other assets. If there are not sufficient assets available this may not be possible.

Once you have agreed a clean break agreement and this has been ratified by the court neither of you will be able to go back to the court in the future to ask for maintenance or a transfer of other assets. This gives partners a much greater degree of certainty and allows them to completely disentangle their individual affairs.

It is not possible to agree a clean break in respect of your obligation to provide maintenance for your children.
What if I find out that my spouse has assets which were not disclosed when we agreed our financial settlement?

You are able to go to court and get the financial settlement altered.

When does a financial agreement have to be agreed?

You can agree a financial settlement at any time, but there are rules as to when this agreement can be filed at Court and an order requested.

The Court can only approve the financial remedy order recording your agreement after you have the decree nisi or conditional order in place. It is sometime advisable to delay finalising the divorce until you have a financial remedy order in place, depending on your individual circumstances. (Due to potential implications regarding transfers, tax and pensions if done beforehand). It is advisable to seek advice regarding your individual circumstances.

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Mrs L, Hasland

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Mrs W, Sheffield

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Happy with the professionalism of the service.

Mr C, Walton

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The service was excellent.

Mr J, Hucknall

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Thanks for your assistance with my case, your advice has been invaluable, and I would certainly recommend Banner Jones to my family and friends.

Mr P Sheffield

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Exceptional service at a very reasonable cost.

Mr G, Forest Town

You were very helpful and sympathetic whilst dealing with my case and your knowledge and advice was excellent. Once initiated, my case was dealt with speed, professionalism. Good contact and communication was maintained throughout.

Mr G, Staveley

Efficient, compassionate, honest and realistic advice that instantly generated deserved trust. On time every time.

Mr J, Sheffield

Banner Jones are excellent, the Family team had some strategy to their advice rather than just giving bog standard legal advice.

Mr T, Whittington Moor

I used Kelly Parks for my divorce, and both her and her secretary, Dawn, were professional, efficient and friendly. I have used other solicitors before, but Banner Jones are by far the best.

Ms S, Sheffield

Absolutely brilliant service. Thank you so much!

Mrs D, Grassmoor

Banner Jones Solicitors provided an excellent service in what was a slow and difficult divorce matter. The advice and persistence was very reassuring and eventually led to a good outcome.

Miss M, Chesterfield

Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.

Mrs W, Mansfield

We’re really grateful for the work you did for us. 10 out of 10!

Mr & Mrs S, Bridlington

Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.

Mr C, Dronfield

Brilliant service, kept well informed all the way through the process. Would definitely recommend.

Miss H, Nottinghamshire

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.

Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.

Mr W, Nottinghamshire

I would recommend Banner Jones Solicitors 100% to anyone. Completely trustworthy, efficient and kind. You can rely on them to do everything they possibly can to fight your corner and protect your interests. Banner Jones' team will also go the extra mile to help too.

Ms C, Chesterfield

I thank you for your kindness and patience in dealing with my case.  It has been much appreciated and we all got there in th end! Wsihing you very best wishes for the future.

 

Ms M, Sheffied

Thank you for everything you have done Kelly.

Ms M, Chesterfield

That was absolutely quick and fantastic. You have been great since I chose you to be my solicitor, massive thanks for all your help during the year .

Miss K, Sheffield

I’d like to take this opportunity to thank you and your team for all your help.

I wish you all well.

Mr D, Chesterfield

It was extremely convenient to be able to discuss my case with Kelly before work in the morning. This avoided us missing each other, did not interfere with my work day and I knew that if I had something to deal with during the day I could discuss it with her the following morning. Our lives have been turned upside down during the pandemic and as such we all have to work more flexibly. It was refreshing and reassuring to see Banner Jones Solicitors embracing this flexibility by responding positively and dynamically to their client’s needs and pressures.

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