
One of the biggest concerns when a relationship breaks down is deciding how assets, savings, property, pensions and debts should be divided. Whether you are divorcing, dissolving a civil partnership, or separating after a long-term relationship, reaching a fair financial settlement can be complex.
At Gard & Co Solicitors, our experienced family law team provides practical, straightforward advice to help you secure a financial settlement that protects your future and the wellbeing of your family.
We understand that every family is different. There is no single formula for dividing assets and no two cases are exactly alike. We will guide you through the process, explain your options clearly, and help you achieve the best possible outcome.
A financial settlement (sometimes referred to as a financial remedy) is the process of resolving financial matters following a divorce or dissolution of a civil partnership.
A settlement may deal with:
The aim is to reach a fair outcome based on the specific circumstances of the individuals involved.
One of the most common questions we hear is:
Although an equal division of assets may be the starting point in some cases, there is no automatic rule that everything must be split equally.
The Court has wide discretion and will consider the individual circumstances of each family before determining what is fair. In some cases a 50/50 division may be appropriate. In others, a different outcome may be needed to meet the needs of the parties and any children.
When considering a financial settlement, the Court must take account of the factors contained within Section 25 of the Matrimonial Causes Act 1973.
These include:
The needs of any children are a primary consideration and can have a significant impact on the outcome.
In many cases, yes.
Negotiating an agreement is often faster, less stressful and considerably less expensive than court proceedings. Our family law solicitors will always explore opportunities to resolve matters through negotiation wherever possible.
To achieve a fair settlement, both parties must provide full and honest financial disclosure. This allows informed discussions to take place and helps both sides understand the complete financial picture.
Where an agreement is reached, it should usually be recorded in a legally binding Consent Order and approved by the Court. This is important because informal agreements may not provide long-term protection or finality.
Unfortunately, some disputes cannot be resolved through negotiation alone.
This is not unusual. Sometimes the disagreement relates to a single issue, such as the family home or pensions. In other cases, there may be significant differences regarding what each person believes is fair.
If an agreement cannot be reached, an application can be made to the Court for a Financial Remedy Order.
While court proceedings can seem daunting, our experienced family solicitors will support you throughout the process. We will:
We always strive to resolve disputes without litigation where possible. However, we will not hesitate to recommend court action when it is necessary to protect your position or achieve a fair outcome.
Our dedicated family law team provides clear, practical advice at every stage of the financial settlement process.
We can assist with:
We provide constructive and realistic advice about both the strengths and weaknesses of your case, helping you make informed decisions throughout.
Our goal is to achieve the best possible settlement for you and your family while minimising conflict and unnecessary expense.
Choosing the right solicitor can make a significant difference to both the outcome of your case and your experience throughout the process.
Clients choose Gard & Co because we:
Our family law team understands the emotional and financial pressures that accompany relationship breakdowns, and we are here to support you every step of the way.
If you need advice about a financial settlement following divorce or separation, our experienced family law team is here to help.
Contact Claire, Sean or Charlotte on Plymouth 01752 668246 or send an email by clicking here.
If you are looking for a divorce financial settlement solicitor in Plymouth, Plympton, Plymstock and the surrounding area, choose Gard & Co. Solicitors.