Financial Settlements Resources

Why a Financial Settlement Order is Important

Many people mistakenly believe that once a divorce is final, financial ties are automatically severed. This is not the case. Without a court-approved financial order, former spouses may retain the ability to bring financial claims against each other in future, even years after divorce. Our financial settlement solicitors can prepare a Consent Order or Clean Break Order to provide certainty and protection.

Why clients choose Banner Jones

• Legal 500 Leading Firm
• Over 150 years of family law experience
• Fixed fee initial appointments
• Offices across Sheffield, Chesterfield, Dronfield and Mansfield
• 97% client recommendation rate

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Financial Settlements Explained

How can we Help Reach a Divorce Financial Settlement?

One of the first questions people ask when separating or divorcing is:"How will our finances be divided?" Closely followed by: "What settlement am I entitled to?”

Our experienced divorce and financial settlement solicitors in Sheffield, Chesterfield, Dronfield and Mansfield provide clear, practical advice to help you achieve the best possible outcome for your circumstances. Whether your finances are straightforward or involve business interests, pensions or significant assets, we will guide you through the process with confidence and care.

We can help you by:

• Providing tailored legal advice based on your individual financial and family circumstances.
• Looking at both your immediate needs and long-term financial security, including income, earning capacity and pensions.
• Ensuring all contributions to the marriage are fairly recognised, including caring responsibilities and homemaking.
• Negotiating practical and confidential financial settlements wherever possible, helping you avoid the cost and stress of court proceedings.
• Offering transparent fixed-fee appointment options, so you know where you stand from the outset.
• Advising on the family home, savings, investments, pensions, businesses and other matrimonial assets.
• Helping you secure a settlement that supports your future and, where appropriate, maintains the standard of living enjoyed during the marriage.

While advice from friends and family is often given with the best intentions, every financial settlement is different. What may have happened in someone else's divorce may have little relevance to your own circumstances. Obtaining advice from an experienced family law solicitor will ensure you fully understand your rights, obligations and options before making important decisions about your future

Talk to our financial settlement solicitors today to discuss your situation and receive clear, expert advice tailored to your needs.

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Reaching a Financial Divorce Settlement Agreement

In most cases, the best way to resolve financial matters following a divorce is through negotiation and agreement. Reaching a settlement outside of court can help minimise legal costs, reduce stress and uncertainty, and give you greater control over the outcome. Our experienced financial settlement solicitors in Sheffield, Chesterfield, Dronfield and Mansfield will work closely with you to negotiate a fair settlement that protects your financial future.

Where an agreement can be reached, we will ensure that all aspects of the settlement are properly documented and legally protected. This can include arrangements relating to the family home, savings, investments, pensions, maintenance and other assets.

Once terms have been agreed, we will prepare a Consent Order setting out the details of the financial settlement. After both parties have signed the document, it is submitted to the court for approval. A Judge will review the agreement to ensure it is fair and reasonable before making it legally binding

Obtaining a court-approved Consent Order is an important step, as it provides certainty and helps prevent future financial claims being brought by either party. Wherever possible, we encourage clients to resolve financial matters by agreement, allowing them to move forward with confidence and achieving a smoother, more cost-effective conclusion to their divorce.

Clean break agreements

A clean break agreement is often the preferred option for divorcing couples who want complete financial independence and certainty for the future. It brings all financial claims between spouses to an end, allowing both parties to move forward without the risk of future claims against their income, savings, property or other assets.

In many cases, a clean break settlement involves a one-off division of assets, such as the family home, savings, investments or pensions, with no ongoing spousal maintenance payments. This can provide a clear and final resolution, helping both parties achieve financial certainty and a fresh start following divorce.

A clean break may still be possible where one spouse would otherwise be entitled to ongoing financial support. For example, a greater share of the available assets may be transferred to one party in exchange for ending future maintenance claims. This approach can provide greater certainty for both parties and avoid the need for ongoing financial ties.

To be legally effective, a clean break agreement should be incorporated into a court-approved Consent Order. Once approved by the court, neither spouse can usually make further financial claims against the other, even if their circumstances change in the future.

It is important to note that a clean break only applies to financial claims between spouses. Parents remain responsible for supporting their children financially, and child maintenance obligations will continue to be considered separately.

Our financial settlement solicitors can advise whether a clean break agreement is suitable for your circumstances and help ensure your long-term financial interests are protected.

Dividing marital assets

One of the most important aspects of a financial settlement is identifying, valuing and dividing the assets accumulated during the marriage. Depending on your circumstances, this may include the family home, pensions, savings, investments, business interests, family businesses, inherited wealth, trusts and property portfolios.

Our experienced financial settlement solicitors will work with you to gain a clear understanding of your financial position and ensure that all relevant assets are taken into account. We can advise on complex issues such as pension sharing, business valuations, tax implications and the treatment of inherited or pre-marital assets, helping you make informed decisions about your future.

Every case is different, and there is no automatic formula for dividing assets on divorce. The court will consider a range of factors, including the needs of both parties, the welfare of any children, the length of the marriage and the financial resources available. Our role is to help you secure a fair outcome while protecting your long-term financial interests.

Where possible, we aim to resolve matters through constructive negotiation, minimising conflict and avoiding unnecessary disruption to your family life, business interests and future plans. However, if an agreement cannot be reached, we have the expertise to represent your interests throughout the court process.

Whether your finances are straightforward or involve substantial assets and complex financial arrangements, we can help you achieve a fair and practical settlement that provides certainty for the future.

If you can’t reach a negotiated agreement

Where it is not possible to reach an agreement through negotiation, the court may be asked to determine how assets should be divided. While this is generally considered a last resort, it can be necessary where there is a significant dispute over finances or one party is unwilling to engage in the process.

When making a financial order, the court has a wide discretion and will consider the specific circumstances of your case. Importantly, the reasons for the breakdown of the marriage will rarely influence the outcome. Instead, the court's primary focus is achieving a fair settlement, with particular consideration given to the welfare of any dependent children.

The court will typically take into account:

• The income, earning capacity, property and financial resources available to each party, including pension entitlements.
• The financial needs, obligations and responsibilities each person will have moving forward.
• The length of the marriage and the extent to which finances have become intertwined and mingled over time
• Contributions made by each party throughout the marriage, including caring for children, managing the home and supporting the family's financial wellbeing.
• The standard of living enjoyed during the marriage and what is reasonably achievable following separation.
• The age of each party and any relevant health or welfare considerations.

Our experienced financial settlement solicitors can advise you on the likely approach the court may take in your circumstances and help you make informed decisions throughout the process. Wherever possible, we will continue to explore opportunities to reach an agreement, but if court proceedings become necessary, we will ensure your interests are robustly represented every step of the way

Protecting your assets during divorce

One of the most common concerns during a divorce is how your assets, income and future financial security will be affected. Whether you are concerned about the family home, savings, investments, pensions or business interests, it is important to obtain expert legal advice at an early stage.

Many people worry that the financial settlement process is unfair, particularly if they have been the primary earner or have built up significant assets during the marriage. However, every case is assessed on its own facts, and the court will consider a range of factors to achieve a fair outcome based on the needs and circumstances of both parties.

Our experienced family law and financial settlement solicitors will take the time to understand your financial position and advise you on the most effective way to protect your interests. We can help with matters involving:

• The family home and other property assets.
• Savings, investments and pensions.
• Business interests and family-owned companies.
• Inherited wealth and pre-marital assets.
• Post separation accrued assets.
• High-value and complex financial arrangements.

Where possible, we will work to reach a negotiated settlement that protects your long-term financial wellbeing while avoiding unnecessary conflict and expense. If court proceedings become necessary, we will provide robust representation and clear advice throughout the process.

Our goal is to secure a fair financial settlement that reflects your individual circumstances and gives you confidence in your future after divorce.

Managing Complex Finances During Divorce

High-value divorces and civil partnership dissolutions often involve complex financial arrangements that require specialist expertise. These cases can include business interests, family companies, property portfolios, investments, pensions, trusts and inherited wealth. When significant assets are involved, it is essential to have an experienced legal team that understands how to identify, value and protect them.

Our financial settlement solicitors regularly advise clients in cases involving substantial and complex assets. We take a strategic and practical approach, ensuring that all relevant financial matters are thoroughly investigated and properly considered as part of any settlement negotiations.

Where necessary, we work alongside a range of independent experts to ensure that assets are accurately valued and that you receive comprehensive advice. Depending on the circumstances of your case, this may include:

• Forensic accountants to investigate complex financial arrangements or concerns regarding asset disclosure.
• Business valuation experts to assess the value of private companies, partnerships and family businesses.
• Pension experts to advise on pension sharing and the long-term implications of proposed settlements.
• Tax specialists to identify potential tax consequences arising from the transfer or disposal of assets.
• Property valuation experts to provide independent assessments of residential, commercial and investment properties.

We understand that disputes involving significant wealth can create uncertainty at an already challenging time. Our role is to coordinate the right professional advice, provide clear guidance throughout the process and help you make informed decisions about your future.

Whether negotiations take place through solicitor-led discussions or court proceedings, we will work to protect your interests and secure a fair financial settlement that reflects the complexity of your financial circumstances.

With access to trusted financial and valuation experts, our specialist financial settlement solicitors can help ensure that all assets are properly identified, valued and considered as part of your financial settlement.

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Divorce with Significant Assets

When a divorce involves substantial wealth, business interests or complex financial arrangements, it is essential to have specialist legal advice. High-value divorces often require careful consideration of assets such as family businesses, investment portfolios, pensions, trusts, inherited wealth and multiple properties. Ensuring these assets are accurately identified, valued and fairly treated is crucial to achieving the right outcome.

Our experienced financial settlement solicitors advise business owners, professionals, entrepreneurs and high-net-worth individuals on all aspects of complex financial settlements. We understand the importance of protecting wealth that has been built up over many years while ensuring that any settlement is fair, practical and reflects your individual circumstances.

What sets Banner Jones apart is our ability to draw upon expertise from across the firm. We regularly work alongside our highly regarded Business Legal Services Team and Private Client Team, providing clients with seamless advice on the wider legal and financial issues that can arise during a divorce. This collaborative approach ensures that all aspects of your affairs are carefully considered, from business ownership and succession planning to trusts, inheritance and estate planning.

Where appropriate, we also work with trusted independent professionals, including accountants, business valuation experts, pension advisers and tax specialists, to ensure that complex assets are properly valued and that you have the information needed to make informed decisions.

We can assist with matters involving:

• Family businesses, partnerships and company shareholdings.
• Property portfolios and investment assets.
• High-value pensions and pension sharing arrangements.
• Trust assets and inherited wealth.
• Agricultural, farming and landed estates.
• Complex tax considerations and asset structuring.

Our focus is on achieving a settlement that safeguards your financial future while minimising unnecessary conflict and disruption. Whether your matter can be resolved through negotiation or requires court proceedings, we will provide strategic, pragmatic advice at every stage of the process.

With specialist family lawyers working alongside our business and private client experts, Banner Jones offers a comprehensive approach to high-value and complex divorce cases.

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Why choose Banner Jones?

1. Over 150 Years of Family Law Experience

Our family law team has been helping individuals and families resolve relationship breakdowns for generations. From straightforward divorces to complex financial disputes, we have the experience to guide you effectively.

2. Specialist Family Law Expertise

Family law is all we do. Our solicitors regularly advise on divorce, separation, financial settlements, child arrangements, cohabitation disputes, nuptial agreements and high-net-worth cases. All solicitors in the team have been recommended by the Legal 500.

3. Practical Solutions, Not Conflict

We believe that most families benefit from constructive, non-confrontational solutions wherever possible. We focus on achieving positive outcomes while minimising unnecessary stress, delay and expense.

4. Clear Advice You Can Trust

Legal matters can feel overwhelming. We explain your options in plain English, provide realistic advice, and ensure you understand the likely outcomes before making important decisions.

5. Transparent Pricing

We offer fixed-fee initial appointments and clear information about costs from the outset, allowing you to make informed decisions with confidence.

6. Local Offices, Regional Reputation

With offices in Chesterfield, Sheffield, Dronfield and Mansfield, our team combines local accessibility with a reputation for delivering exceptional family law advice across the region.

Get in touch with our team today

Speak to an Experienced Family Law and Divorce Solicitor in Sheffield, Chesterfield or Mansfield today. If you need advice about divorce, separation, finances or arrangements for your children, our specialist family law solicitors are here to help.

Call 0344 649 6343 or contact your nearest office in Chesterfield, Sheffield, Dronfield or Mansfield to arrange an appointment with one of our experienced family law specialists.

Case Study

Fair Financial Outcome, when there is a Large Disparity in Income

The wife’s solicitor proposed that only the amount of pension accrued during the marriage should be used in the settlement, however, I was able to assist my client using recent developments in case law regarding pensions. Recent case law stated that in a needs case, the full value of the pension should be taken into consideration and on this basis, I was able to negotiate a pension sharing order taking into consideration the whole pension pot. It was agreed that £410,855 would be transferred to the husband who at the same time will retain his pension. This lead to an equalisation of the pension pot and a very satisfied client. 

The wife took on the debt of £600k and remained in the family home. The husband was therefore left debt free, enabling him to obtain a mortgage to by another property.

Given the disparity of income, spousal maintenance was considered for my client, but not pursued on the trade-off that the wife would not pursue child support. A separate contract was drafted in this regard as the court does not have jurisdiction to order that no child maintenance is payable.

This case was completed without a face to face meeting with my client, and is testimony to the convenience and ease of virtual and telephone appointments.