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Financial Disputes & Agreements

Finances are handled in court separately from divorce proceedings. Whether you are divorcing or unmarried and separating we can help resolve financial matters with your ex-partner and make them legally binding.

When a relationship breaks down, there are likely to be financial issues which need to be resolved. Whether you are divorcing, dissolving a civil partnership, or separating from your unmarried partner we can help you negotiate financial issues. We will help you come to a legally binding agreement with your ex-partner via our Collaborative Law process. During this process, each of you would have your own legal advisor alongside you during the negotiations. This helps everyone emotionally keep a cool head and ensures you have on-the-spot solid legal advice on what you are financially agreeing to.

Most people are unaware that a couple’s assets and finances are handled separately in the courts from the formal process of dissolving your marriage. It was common in the past to dissolve a marriage without a Clean Break Order, but divorcing without one leaves your future assets exposed. E.g. If you win the lottery, your business becomes extremely successful or upon your death, your ex-partner could make a legal claim against your assets.

Financial Consent Order or Clean Break Order:

This can be made during or after a divorce, to make financial agreements legally binding. It can include instructions to sell or transfer the family home, details of how any financial assets (savings or pensions) are to be divided, and details of any agreed future payments (maintenance, bills, joint debts). A judge will need to review the order to ensure it is fair to both parties, and that they are both fully aware of what they are agreeing to.

Separation Agreement:

This lets unmarried couples legally record a financial agreement. It can include information about the value of assets (property, savings, belongings) when the relationship ended and how these will be divided. It can also cover any visitation or maintenance arrangements agreed for children.

Book a £180 (inc. VAT) Fixed Fee Divorce or Separation Consultation

  • Face-to-face meeting so you get to know us, and we get to know you
  • A fact-finding session about your past since you met your partner, leading up to your current situation
  • Answers to all your immediate legal questions, by a family law acredited solicitor.

It also includes detailed written advice about:

  • The law and how it relates to your situation
  • Legal processes and timescales
  • Likely costs for each option and
  • How to budget for costs e.g. regular monthly payments.

Our Mansfield town centre office also offers a FREE family drop-in advice clinics to help you understand the basics of your situation and to pair you with a member of our family legal team who has the right experience for you.

FAQs

I got divorced many years ago but at the time we didn’t have any finances to split so we never had a financial order filed with the court, can my ex make a claim against my estate when I die?

The scary answer is yes. It is not uncommon for ex-spouses to make a financial claim against the assets you own when you die, especially if there was a family home or children involved. We have seen ex-partners resurface 20 years later because they feel that what was originally the “family home” should go back to them, leaving their current partner homeless.

In Divorce, do I get half the pension?

A Divorce court can fairly share out Pensions earned during a marriage even if they’re just in one person’s name. Sometimes that person gets half, sometimes it’s less, sometimes it’s more, but we can help you decide how much to ask for and explain the process of making a Pension Share happen. This is a survival guide to pensions if you are getting divorced. It is worth a read and let us know if you have questions or would like help.

Can I make my ex-partner pay our mortgage?

A. Courts can’t order ex-partners to pay third parties such as Mortgage Lenders. However, Courts can order your ex-partner to pay you maintenance to cover the cost of your mortgage. This can even be ordered while your divorce case is in progress.

We split up but weren’t married, what claim do I have to the house?

You might have a claim to the equity if you paid the mortgage, the deposit, or for home improvements (to the structure, not re-decorating); or if ownership of the home was promised to you, and you relied (to your detriment) on that promise; or if you and your cohabitant had children. It’s worth meeting with us for advice and also worth remembering to have a cohabitation agreement written with any future partners that you move in with.

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Meet the Team

  1. David Winnett

    David Winnett

    Partner & Solicitor

  2. Ross Hubbard

    Ross Hubbard

    Associate Solicitor

Testimonials

  • 5 Stars

    Had a good experience with Hopkins Solicitors. My solicitor was always there with updates and if he wasn’t available his secretary was. Very polite people to talk too. The costs were very reasonable, on the whole I would recommend Hopkins solicitors to everybody including family and friends

    , 31st August 2022

  • 5 Stars

    My expectations were far exceeded when dealing with Ross and his team recently. The service I received was of the highest standard. I was treated with respect, courtesy and professionalism at a very difficult time. Thank you Ross, you are a credit to Hopkins.

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