DIVORCE AND FINANCES
Financial Settlements on Divorce
Divorce ends your marriage, but it does not divide your money and property. We help you reach a fair, legally binding settlement, by agreement wherever we can and through the court where we must.
Why you need a financial settlement
A divorce ends the marriage but says nothing about who keeps what. Until a court has approved a financial order, either of you can still bring a financial claim against the other, even years after the divorce, for example if one of you later inherits money or builds a successful business. A financial order, which can include a “clean break”, draws a line under those claims.
Even if you have agreed everything between yourselves, it only becomes legally binding when the court approves it in a consent order. Our guide to the divorce process explains how the two fit together.
What a settlement can cover
- The family home. It can be kept by one of you, sold, transferred, or kept for a set period, for example until the children finish school.
- Savings, investments and other property.
- Business interests. These often need to be valued by an expert.
- Pensions. Often one of the most valuable assets; see our guide to pensions on divorce.
- Debts. Who is responsible for which debts, including joint ones.
- Spousal maintenance. Ongoing or time-limited payments, where one of you needs support.
- Lump sums. One-off payments from one of you to the other.
Child maintenance is usually arranged separately, either by agreement between you or through the Child Maintenance Service.
How the court approaches it
There is no fixed formula and no automatic 50/50 split. The court's first consideration is the welfare of any children under 18. It then aims for a fair outcome, looking at things like the needs of each of you and any children, the income and assets each of you has or could have, how long you were married, your ages and health, the standard of living during the marriage, and what each of you has contributed, financially and by looking after the home and family.
In many cases, particularly after longer marriages, the court starts from the idea of sharing the assets built up during the marriage fairly, which is often equally, and then adjusts to meet needs. Inheritances and property owned before the marriage can be treated differently, but they are not automatically protected.
Law reform. The government consulted in June 2026 on reforming how courts divide finances on divorce. The consultation closed on 14 August 2026, and the law has not changed yet. We will update this page if it does.
Complex and high-value cases
Where there are significant assets, the issues are often more involved, and early specialist advice matters. Our Family Law Consultant, Karen Leadbetter, regularly handles cases involving:
- Business interests, including company shares, partnerships and family businesses, where the value and how to deal with it need careful thought.
- Pensions, which can be among the largest assets and can be shared, offset against other assets or dealt with by a pension order.
- Property portfolios, land and farms, including buy-to-let and inherited property.
- Inheritances, trusts and assets held abroad, and agreements made before or during the marriage (see our guide to nuptial agreements).
- Hidden or undisclosed assets, and what to do if you think the other side has not given full disclosure.
Each of you must give full and honest financial disclosure. In larger cases we may recommend an expert, such as a valuer or pensions actuary, and we explain the likely cost before arranging one. We advise clients in Llandudno, Conwy, Colwyn Bay and across North Wales.
How a settlement is reached, step by step
- Full financial disclosure. Both of you share details of your income, assets, debts and pensions, backed up by documents. Full and honest disclosure is a legal duty. In court proceedings it is set out on a financial statement known as Form E. Our financial disclosure checklist shows what to gather.
- Valuations. Property, businesses and pensions may need to be valued.
- Negotiation. Through solicitors, mediation or a round-table meeting, we try to reach an agreement that works for you both.
- A consent order. Once you agree, we draft a consent order and ask the court to approve it, together with a short statement of the information the court needs about your circumstances.
- If you cannot agree, either of you can apply to the court for a financial order (Form A). The court usually holds a first appointment, then a financial dispute resolution (FDR) hearing, where a judge gives an indication to help you settle. Only if that fails does the case go to a final hearing. Most cases settle before then.
When should finances be dealt with?
You can start talking about finances as soon as you separate, and we generally advise getting them agreed and approved before the final order. The court can only approve a consent order once the conditional order has been made. Dealing with finances first matters because ending the marriage can affect some rights, such as pension benefits. If you remarry before your financial claims are settled, you will generally lose the right to bring them.
What will it cost?
Financial matters are charged by the hour, at £200 to £280 plus VAT depending on the experience and seniority of the solicitor involved. Costs depend on whether matters are agreed or contested, how complex your assets are, and how many hearings are needed. They are often in the region of £1,000 to £10,000 or more plus VAT, with an agreed settlement towards the lower end. Our fee estimate tool shows typical figures, and we give you a clear costs estimate at your free initial consultation, before any work begins.
Court fees are separate. A consent order costs £62, usually shared between you. An application for the court to decide costs £321 (both from 13 July 2026). Court fees change from time to time, and we will confirm the current figures when you instruct us.
Why choose Nelson Myatt
Andrew Nelson, a director and solicitor, is accredited by the Law Society's Family Law panel and is a member of Resolution. Karen Leadbetter, our Family Law Consultant, handles financial settlements of any value, with particular strength in complex cases involving significant assets, business interests and pensions.
Frequently asked questions
Is everything split 50/50?
No. There is no fixed formula. The court's first consideration is the welfare of any children, and it then aims for a fair outcome, taking into account the needs of each of you, how long you were married and what each of you has contributed. In many cases, particularly after a longer marriage, assets built up during the marriage are shared equally, but needs and other factors can change that.
Do I need a consent order if we have already agreed everything?
Yes. An agreement between the two of you is not legally binding on its own, and without a court-approved order either of you could still make a financial claim in future. A consent order makes your agreement binding and can include a clean break.
What if my spouse is hiding assets?
Both of you have a legal duty to give full and honest financial disclosure. If assets are hidden, the court can draw conclusions from the missing information, and an order made without proper disclosure can sometimes be set aside. We can help you check your spouse's disclosure.
Can I keep an inheritance or assets I owned before we married?
They are not automatically protected, but they are often treated differently from assets built up during the marriage. How much difference it makes depends on factors such as whether the money has been mixed with family finances and what each of you needs.
How long does it take?
If you agree, it can take from a few weeks to a few months from the first exchange of financial information to a court-approved order. If the case has to go through the court, it often takes a year or more.
Useful links
- GOV.UK: Money and property when you divorce or separate — official guidance
- MoneyHelper: How much does divorce or dissolution cost? — independent guidance on costs
- GOV.UK: Child Maintenance Service — how child maintenance is arranged
- Resolution — family justice professionals committed to a constructive approach
More helpful sites are collected on our useful links page. We are not responsible for the content of other websites. This page gives general information, not legal advice, and is correct as at October 2026.
On this page
- Why you need a settlement
- What it can cover
- How the court approaches it
- Complex and high-value cases
- The process, step by step
- When to deal with it
- What it will cost
- Frequently asked questions
Accredited and recognised
Resolution member. Andrew Nelson is a member of Resolution, whose members are committed to a constructive, non-confrontational approach to family issues.
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Andrew Nelson
Karen Leadbetter