Divorce Financial Settlements
Sorting out your finances after a divorce is one of the most important steps in securing your future. A financial settlement covers how property, pensions, savings, income, debts, and other assets are divided after separation — and having the right advice early on can make all the difference. At Nash & Co Solicitors, our experienced family law solicitors in Plymouth offer clear, practical support to help you reach a fair, legally binding agreement tailored to your circumstances and priorities.
Whether your situation is straightforward or involves complex issues like businesses, investments, pensions, or multiple properties, we’re here to guide you. We’ll work closely with you to protect your financial security, minimise conflict wherever possible, and help you move forward with confidence. We can also assist with child arrangements and other practical matters alongside your financial settlement, ensuring that every part of your divorce is handled with care and expertise.
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How we can help you reach a fair financial settlement
Wherever possible, we’ll help you reach a financial settlement amicably through negotiation or mediation, avoiding the need for court proceedings. If court involvement is necessary, we have the expertise to represent you robustly and ensure your interests are protected.
We also specialise in complex and high-value financial settlements, working closely with our Private Client and Commercial teams where needed. If your divorce involves business ownership, large pensions, multiple properties, or significant investments, our joined-up approach ensures that every aspect is properly managed to secure your financial future.
At Nash & Co Solicitors, we are committed to providing clear, supportive advice throughout your divorce. Our aim is to reduce stress, minimise delays, and help you move forward with financial certainty and peace of mind.
What’s included in a divorce financial settlement?
When you go through a divorce, reaching a fair financial settlement is essential to provide security for your future. A divorce financial settlement typically covers how you and your former partner will divide all financial matters, including your home, savings, pensions, and any debts. It ensures there is a legally binding agreement in place, so that both sides know exactly where they stand once the divorce is finalised.
Key areas usually included in a divorce financial settlement are:
Property – deciding what happens to the family home and any other properties you own together or separately.
Savings, Investments, and Bank Accounts – dividing cash savings, ISAs, shares, stocks, and other financial products fairly.
Pensions – one of the most valuable assets in many divorces. Pensions can be shared or offset to ensure a fair distribution of retirement income.
Businesses or Company Shares – if either party owns a business or holds shares, these will be considered as part of the overall financial picture.
Debts and Liabilities – addressing how mortgages, loans, credit card debts and other liabilities will be divided between you.
Child and Spousal Maintenance – if appropriate, setting out financial arrangements to support children or a former partner after the divorce.
At Nash & Co Solicitors, we ensure that every asset and liability is fully disclosed and properly valued, giving you the peace of mind that nothing important has been overlooked. Our experienced divorce solicitors in Plymouth will guide you through this complex process with clear, practical advice, always aiming to achieve a settlement that protects your interests and those of your family.
call Speak to one of our friendly specialist Family Solicitors on 01752 827030
What happens if we can’t reach an agreement?
While most divorce financial settlements are agreed through negotiation or mediation, sometimes it simply isn’t possible to find common ground. If that happens, our divorce solicitors in Plymouth can guide you through the next steps with clear, practical advice. In cases where an agreement cannot be reached, either party can apply to the court for a Financial Order. This gives the court the authority to decide how your finances, property, pensions, and other assets should be divided. Although involving the court may sound daunting, we’ll be by your side throughout the process, making sure your case is presented clearly and persuasively to achieve the fairest possible outcome.
When the court considers financial settlement applications, it looks at a range of factors, including the length of the marriage, the financial needs of each person, the welfare of any children, earning capacities, and contributions made by both parties. Every case is different, which is why having the right legal support is so important. At Nash & Co Solicitors, we’ll help you prepare the strongest case possible, ensuring all financial disclosure is complete and that your future needs are fully considered. Our goal is always to protect your interests while minimising conflict and unnecessary stress, helping you move forward with financial security and peace of mind.
Protecting your financial future
A divorce financial settlement isn't just about dividing what you have today. It's about securing your future for the years ahead. At Nash & Co Solicitors, we take the time to understand your priorities and concerns, helping you plan for a stable financial future after divorce. Whether it's protecting your share of the family home, ensuring fair pension arrangements, or safeguarding your business or investments, our divorce solicitors in Plymouth will work with you to achieve a settlement that gives you confidence moving forward.
We know that financial security is one of the biggest worries during a divorce. That’s why we focus not just on reaching a fair agreement now, but also on making sure you’re protected in the longer term. Our team will help you consider factors like retirement planning, future income needs, child maintenance, and spousal maintenance where appropriate. With clear advice and practical support, we’ll give you the tools you need to rebuild and move forward, safe in the knowledge that your interests, and those of your family, are properly protected.
Contact our divorce solicitors in Plymouth
If you need advice and support with reaching a financial settlement during divorce, our expert team at Nash & Co Solicitors is here to help. We understand how important it is to protect your financial future and achieve a fair outcome, and we’re ready to guide you through the process with clear, practical advice tailored to your situation.
To arrange a confidential consultation with one of our experienced divorce solicitors in Plymouth, call us today on 01752 827030, email us at family@nash.co.uk, or fill in one of our contact forms and we’ll get back to you. We’re here to make things easier, helping you move forward with security, confidence, and peace of mind.
Frequently asked questions
In this video series, our experienced legal professionals will delve into a wide range of topics and questions that commonly arise in finance-related family law matters. From understanding the division of marital assets to exploring the intricacies of spousal support and child-related financial obligations, we've curated this series to empower you with practical information and valuable insights to make informed decisions about your financial future.
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It’s definitely preferable to get a divorce financial settlement in place before the divorce is finalised. It is possible, however, to agree a financial settlement after the divorce, providing it’s done before either party remarries.
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It’s important to bear in mind that both parties will be liable for any debts run up on the account. And this applies to other forms of joint borrowing or spending including credit cards. If your partner has frozen accounts and not provided you with means of living expenses, then you can apply to the Court for an interim financial order.
If your former partner is the sole owner of the family home, we would also suggest that you apply to the Land Registry to register an interest in the property. This will mean that your former partner can’t sell the house without your knowledge or consent.
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This really depends on a number of factors, including:
• The contributions that each partner has made to the relationship
• Length of the marriage
• Each partner’s needs
• And the standard of living before the break up
If a couple divorce with no children involved, following a relatively short marriage, it might be fair for them both to part without needing to pay any maintenance but taking with them the assets that they brought into the relationship.
However, where a couple divorce after 30 years marriage, the husband has been working in a decent job, while the wife stayed at home bringing up the children, then a financial settlement would definitely be appropriate. A fair settlement here may be that the wife is entitled to half of the assets, including half of her husband’s pension, and a significant proportion of his income until he retires.
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If your former partner refuses to pay maintenance, then you will need to ask the Court for a financial order. You will be able to apply for a financial order at any time before or after the divorce but cannot do so if you have remarried.
If a financial order is already in place, but your former partner refuses to pay it, then you can ask the Court to enforce it. Here, the Court may make an order for your former partner’s employer to pay you automatically.
We would suggest that you contact us immediately if your former partner stops paying maintenance.
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If you’ve been treating your former partner’s children as your own, and part of the family, then you may well have financial obligations for them. Your former partner could ask the court to order you to pay child maintenance, and to continue paying for anything that you had paid before you divorced (school fees, club subscriptions etc).
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In a lot of cases, yes you can. This is usually referred to as a “clean break” settlement. Essentially, instead of paying regular maintenance payments, you can instead agree to pay a lump sum or give assets to a particular value. Of course, if you don’t have sufficient assets under your control, this option won’t be available.
Once the court has signed off on this, neither party can return to court to ask for more maintenance in the future.
The obvious advantage here is that you will be able to make a completely clean break from your former partner. However, “clean break” settlements do not apply to the payment of maintenance of your children.
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Yes, you most certainly can do, though if there are significant assets (money, investments, pensions, properties, businesses etc) or debts involved, then we would very strongly suggest that you get legal advice and support in making the settlement. We would then be able to ensure that your interests are being protected.
Our divorce solicitors would be able to advise on the structure of the agreement, make recommendations over trading off property or other assets, etc. And we’d be able to tell you if the agreement that you’ve both come to is fair or not.
Depending on the state of the relationship between both divorcing parties, we would usually suggest that you sit down and negotiate a settlement, often with a solicitor or a mediator involved. Full disclosure of all assets and financial situations is vitally important though – nothing should be hidden.
If you’re unable to agree on a settlement, and mediation doesn’t work, the court will impose a financial settlement, that may not be of liking to either of you.
You may need to resort to a Court ordered financial settlements if your former partner is being unreasonable. It’s much better to make this decision rather than allowing negotiations to drag on forever.
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Technically, your pension is classed as an asset – just as your home and your investments and money in the bank account are assets. The value of your pension can therefore be taken into account when deciding on your divorce settlement.
There are a number of options that we would suggest are option to you when it comes to your pension and how it’s treated.
1. As already mentioned above, you could offset the value of the pension by transferring a lump sum to your former partner (or other assets to the same value)
2. You could arrange for a proportion of your pension to be paid to your former partner when the pension is paid to you.
3. You could also arrange for the pension to be split into two separate pension funds (this is called pension sharing).
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Quite simply, you can go back to the Court to have the financial settlement changed to reflect this.
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People’s lives change all the time. You may be made redundant, or you may have to take a lower (or higher) paid job. If your circumstances do change, and you’re no longer able to afford the maintenance payments to your former partner, then you can go back to Court to ask them to change the maintenance order to reflect this.
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