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MG Legal, Leading divorce financial settlement solicitors. The team that put you first. Contact us to speak to a solicitor today: 01524 581306 or email at: enquiries@mglegal.co.uk 

Divorce financial settlement solicitors. 

Negotiating a financial settlement during a divorce can be tricky, but not when you have the advice and guidance from MG Legal's team of local Family Law solicitors. During a divorce or separation you will need to reach a formal financial settlement including all assets; property, pensions and savings. 
 
Whilst this may seem daunting at first, MG Legal are here to help you, with the specialist advice, guidance, and care, you need to not only see you through this time in your life, but to make sure that our clients receive the best possible financial settlement in their particular case . 
 
 
Get in touch and talk to a divorce financial settlement solicitors today. 
Understanding, professional and completely dedicated to your cause;  
contact MG Legal's divorce financial settlement solicitors and we will get back to you within one business hour. 

Misconceptions about financial settlements on divorce: 

Whilst often forgotten by the ceremony, celebration and often religious service, marriage is first and foremost a legal arrangement, and must be carried out in accordance with the provisions of the Marriage Acts 1949 - -1994. 
 
However, whilst the marriage itself is not a contract, the parties can enter into a marriage contract or pre-nuptial agreement to set out the division of assets in the event of the marriage being dissolved. Although the Family Court will now take notice of any pre-nuptial agreement, it is not set in stone that the terms of the agreement will be implemented. Couples with no or modest assets pre-marriage are not likely to enter into a pre-nuptial agreement, so what happens in these cases and who gets what out of the 'matrimonial pot'. 
 
We should first look at what goes into the 'matrimonial pot'? Initially, all assets, whether in joint names or in either party's sole name, will be considered part of the pot. Arguments can then be put forward as to why certain assets should not be included, whether this is the whole asset or part of it. There will then be further negotiation as to who gets what from the 'pot'. 
We should first look at what goes into the 'matrimonial pot'? Initially, all assets, whether in joint names or in either party's sole name, will be considered part of the pot. Arguments can then be put forward as to why certain assets should not be included, whether this is the whole asset or part of it. There will then be further negotiation as to who gets what from the 'pot'. 
 
Many people believe that if you bring the most into the marriage financially you will receive the most out of the 'pot', or that if you hire the 'best' lawyer, you can “stick it to the ex” and take everything - this is often a comment used to try and intimidate the other spouse: 'I'll make sure you don't get anything'. Each of these are, however, misconceptions, as other factors are considered, such as who might have given up a career to look after children, each party's housing and income needs etc. The future of the family is also considered, particularly if there are dependent children or children with special needs whose dependency may continue after they reach adulthood. So, if the youngest child might be, say, only three or four and likely to stay primarily with the mother, the father might have to relinquish the marital home, or wait for his share of the equity, or receive a lesser share from the settlement generally. So, it does not matter how 'good' the lawyer is the Court has certain factors that it must consider in each case. 
 
Another misconception is that the husband has a 'duty' to house the wife and children, and the wife can automatically stay in the house until the youngest child reaches 18. However, if there is sufficient equity in the marital home to rehouse both parties, even if this is simply giving each of them sufficient deposit for a new property, provided they can comfortably take on a mortgage for the rest, then the Court will more than likely order a sale and separate the couple financially rather than have them continue to be linked by a joint property and joint mortgage
 
In many a first interview the Client will state that they want what they are "entitled to" . There is no set entitlement to anything. The starting position in all cases is equality but consideration then needs to be given as to whether one party should receive more than the other, ie should there be a 'departure from equality'. The Family Court will be looking for a 'fair' settlement, which does not necessarily mean an equal division of the total assets, particularly if part of the assets includes inherited property or money or pre-marital assets, and as stated above, the Court will look at 'needs' and not 'wants'. As there are many aspects to consider it is often difficult to give a defined answer as to what a Client can expect to receive in the early stages of the case. 
 
It is also important to note that even where a couple has reached agreement as to terms of settlement, if the Court is not happy with those terms, it will not approve them. We would therefore always recommend that legal advice is taken in relation to the division of assets if terms have been agreed directly between the parties or with the assistance of mediation, to prevent delay further down the line if the Court rejects the draft financial order.  
 
In the words of one local District Judge upon being informed that the parties had reached agreement but neither were entirely happy - 'that means the settlement is right'. Negotiation and compromise are inevitable. 
 
One last thing to mention is the belief that a divorce will stop any financial claims automatically. This is not the case and claims can be brought many years after the marriage legally ended. It is therefore recommended that a financial order is obtained in all cases as this is the only way to prevent any further claims whilst the parties are alive or upon the death of either of them. 

Can my spouse claim my inheritance in the financial settlement? 

A concern for many divorcing couples, particularly those who have lost one or both parents, or have elderly parents, is whether any inherited property or assets will form part of the matrimonial pot. In most cases the Court will treat assets which have been built up by the parties during the marriage differently than those which have been inherited. However, there are no set rules and each case will be decided on its own facts. 
 
One of the main cases in this area is that of White -v- White in which the Judge explained that inherited wealth ‘represents a contribution made by one party which is unmatched by an equivalent contribution made by the other’. 
If an inheritance is received during the marriage and it has been used for the benefit of the parties / family generally, for example assisting with the purchase of the family home, or monies have been placed in a joint account, then it is likely to be classed as matrimonial property and will form part of the assets available for distribution. 
 
If an inheritance is received towards the end of the marriage, or after separation, or inherited money has always been kept completely separate from matrimonial funds, in an account held in the sole name of the party who inherited, and not used for the benefit of the family, then there are stronger arguments that the inherited property / money should be ‘ringfenced’ which means it does not form part of the matrimonial pot. 
 
However, the Court can determine that inherited property / money should form part of the pot if the housing or financial needs of both of the parties or the welfare of any children cannot be met, or a fair settlement cannot be achieved, without that asset being used. It is important to note that a ‘fair’ settlement does not necessarily mean equal shares. 
 
Inheritance that may arise in the future is very rarely taken into account unless such monies are guaranteed. Usually there are no such guarantees and monies or property which may be anticipated on the death of a parent can easily disappear in care home fees or Wills may be changed as a result of a family argument! 
 
There is no foolproof way to protect inherited assets but it does appear that keeping these assets completely separate from matrimonial assets and not using them for the benefit of you and your spouse can go some way to achieving this. Pre-nuptial or post-nuptial agreements, if correctly drafted, can also offer some security, but ultimately it is the Court which will exercise its discretion as to whether inherited property should form part of the assets available for settlement. 

What is the usual financial split in a divorce? 

Our specialist divorce solicitors know that the law regarding financial settlements, and the division of assets in a divorce can be very complex. Each situation is different, and the family courts take a large number of things into account when deciding who gets what in the divorce settlement. Many clients come to our divorce solicitors wanting to know instantly what they can have in the divorce, or what they are entitled to. 
 
However, the truth is that other than child maintenance there is no definitive calculator or way of establishing easily what would be a ‘fair’ financial settlement or outcome in the divorce. Each financial settlement is calculated on a case-by-case basis, which is why our divorce lawyers offer a fixed-fee half hour initial appointment, where we can advise how you how best to proceed. 

How are the assets paid in a divorce? 

One often confusing aspect of the financial settlement that our divorce solicitors take the time to explain to our clients, is the outcome of the financial settlement, and what it actually means. Many of our clients assume that after a financial settlement has been arranged, an amount of money will simply enter their bank account and a number of belongings will be theirs to take. However, it is rarely this simple, as our divorce solicitors know, and the final consent order may include one or more of the following: 
 
Clean break order: A clean break order applies to divorce situations where all financial ties can be severed, with no financial assets needing to be split. 
 
Property adjustment order: a property adjustment order can be used to set out what will happen to the home as part of the divorce. There are a number of different property adjustment orders that can be used to determine when a property can be sold, and who will benefit from this sale. 
 
Lump sum payments: when one party is ordered by the courts to pay a lump sum to the other party, whether as a one off or as a continued payment. 
 
Pension sharing order: This can be used to determine how the pensions of one or both parties will be split, based on factors such as age, pension size, and career prospects. 
 
Maintenance Order: Sometimes referred to as spousal maintenance, a maintenance order can be used where one party is financially better off than the other, and is ordered to financially assist the other party depending on their needs, and the role each play in the family. 
 
These are possible options when it comes to making a financial remedy application to the Court. Financial orders in divorce can be complex matters, which require the 
assistance of a specialist divorce solicitor, such as MG Legal. To learn more about 
financial orders, and speak to a divorce solicitor about how we can help you today, simply contact us online here and speak to a divorce solicitor within one working hour. 

What assets will be divided in my divorce financial settlement? 

As mentioned on the previous page, all assets start off as potentially forming part of the matrimonial pot. These will include, but are not limited to : 
 
Houses and land  
 
Bank and Building Society Accounts 
 
ISAs, investments, shares, premium bonds 
 
Life insurance policies 
 
Jewellery, artwork and other valuables 
 
Vehicles 
 
Businesses 
 
Pensions 
The assets will include those in joint names and those in the sole names of either spouse, and will include any assets held abroad as well as in the UK. 
 
A value will need to be obtained for those assets which are not ready money. Once it is known how much everything is worth, and once any assets which should be kept out of the pot have been identified, we can then look at what percentage of the total pot each party should receive and how the assets should be divided. 
 
It is important to note that it is not the case of each and every asset being divided. It can become a balancing act, with one party retaining one asset and the other retaining two which, when added together, have the same value as the one asset retained by the other party. There are no set rules and a settlement should be acheived which suits the needs of the parties, for example, one party may need ready cash whilst the other is happy with an investment to use in the future. 

Are my new partner’s finances taken into account in the financial settlement? 

It is extremely common that one or both of the parties to divorce or dissolution proceedings will have formed a new relationship by the time terms of financial settlement are discussed. 
 
A common question that is asked is whether the new partner's income and assets will be taken into account. Information as to a new partner's finances is required for the financial statement form known as the Form E, which is the first document completed if an application to Court is made. This form is also often used where parties exchange documentary evidence of their financial positions voluntarily, know as “disclosure”. 
The answer is that the decision will be made on a case by case basis. However, if your partner has modest assets and income as opposed to being very wealthy then it is highly unlikely that any assets in their sole name will be taken into account. Of course, any assets jointly owned with your partner will be considered but there is argument that this should be ringfenced, ie ignored, as the asset was obtained after separation. Saying that, if you contributed to the assets using monies that had been part of the matrimonial pot, then your share will be taken into account. 
 
The Court will also consider how long the new relationship has been in force. The longer the relationship, the more likely the new partner's income and assets will be considered, but the Court is always mindful that no relationship is guaranteed to last. 
 
Even if a new partner is wealthy, if there are sufficient assets arising from the marriage to meet the needs of the parties then there is no need to take a new partner's finances into account. 
 
If you are living with a new partner, then your income needs – which is one of the things the Court takes into account – will be reduced as there are two of you meeting the bills. In addition, capital need will be reduced if you are planning on buying a property jointly rather than in your sole name. 
 
The Court of Appeal dealt with the issue of a new partner's wealth in the high net worth case of Hart -v- Hart. The parties had been married for 20 years and the marital pot was in the region of £10 million. The Husband argued that the Wife should get less than the £3.5 million ordered as she lived with her partner. The Wife argued that she valued her independence and did not want to rely on another man for money. 
 
The then President of the Family Division agreed with the trial Judge's decision and upheld the payment of £3.5 million. The sharing of household bills with a partner that the Wife had been in a relationship with for many years did not affect her right to a fair share of the matrimonial assets. It should be noted that “fair” does not always mean “equal” even after a lengthy marriage. 
 
Many people will hold strong opinions on disclosing their new partner's financial position, and the partner themselves may refuse, but there is a duty to disclose any plans to cohabit or remarry, and to provide full and frank disclosure. Failure to do so can be punishable by costs order or even further court sanction, fines or imprisonment. If a relationship is not disclosed and a financial order made, the Court can set the order aside and costs will be payable. 

What does the court take into account when it makes a decision? (financial order) 

As previously mentioned by our divorce solicitors, the courts take a number of different things into account when making a decision on the best financial settlement outcome. The first and most important consideration of the court, if applicable, will be the welfare and best interests of any children that are under the age of 18. However, there are a number of other factors that play into their final decision, which are clearly set out in section 25 of the Matrimonial Causes Act 1973
 
These include: 
 
1. The income and earning capacity of the parties. This includes property and other financial resources which each party to the marriage has, or is likely to have in the foreseeable future 
 
2. The financial needs, obligations and responsibilities of the parties to the divorce, either that they have or are likely to have in the foreseeable future 
 
3. The standard of living enjoyed by the couple before the breakdown of the marriage 
 
4. The age of each party to the marriage and the duration of the marriage 
 
5. Any physical or mental disability of either of the parties to the marriage 
 
6. The contributions that each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family 
 
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it 
 
If you are looking to seek legal advice regarding your divorce and financial settlement, and speak to a specialist divorce solicitor about what these things might mean for you and your individual situation, simply contact our divorce solicitors online here and speak to a solicitor within one working hour. 

Try to be flexible and open: 

Whilst you may know exactly what you want, as many of our divorce solicitors’ clients do, when they come to us for legal assistance with their divorce, it is helpful to go into divorce proceedings with an open mind; bearing in mind that the Court’s main concern is usually the welfare of the children of the parties, and ensuring that they will have a roof over their heads and money to live with the primary carer. After this, the Court’s concern is with equality, wherever possible, and they are not out to pick sides, or favour one party. 
 
However, one thing our divorce solicitors would note, is that if you are not co-operative then they cannot easily achieve an outcome, and it can make it difficult for everyone involved, so you may feel like you end up losing out. Our team of divorce solicitors can advise you on the best way forward, and what sort of reasonable offers you may be able to put forward, based on your individual circumstances. Our aim is to guide you through the process in a stress-free way, allowing you to make informed and sensible decisions, and achieve the best outcome. Contact our divorce solicitors online here and speak to a solicitor within one working hour. 

Fixed-fee divorce financial settlement solicitors: 

MG Legal's leading divorce financial settlement solicitors in Preston offer all of our family law services on a clear, fixed-fee rate. 
 
Our team put your first, and work with care to ensure the best outcome for you and your family. Call us today on a free, no-obligation basis at: 01524 581306 
Get in touch today to speak to a Family Law Solicitor. 

Pensions and divorce: 

One of the assets which can cause the most problems in negotiations relating to financial settlement is the division of a pension. Some people hold a strong view that the pension fund is due to their hard work so why should the other party benefit - completely forgetting that the other party may have given up work or worked part-time whilst raising the family, which has meant they have been unable to increase their own pension fund, or that the fact that childcare was covered allowed them to be able to work and contribute to their pension! 
 
Many also wish to retain their pension in full and are quite happy for the other party to retain the matrimonial home, or the majority share, or keep other assets instead. If the other spouse would benefit more by retaining other assets then this option is likely to be approved by the Court. In the modern age, it is increasingly common that the parties will have pensions of roughly equal value as both have worked throughout the marriage, and this has also been assisted by the introduction of workplace pensions. In this case it is likely that each party will retain their own pension. If there is to be a division of the pension, what options are available? 

What is the law on pensions in a divorce? 

Since 2000, the law has stated that pensions can be divided and shared during a divorce. However, it has recently been revealed that this is only the case in around 12% of divorces, with the majority of couples keeping their own pension funds. 
 
This means that the person with the larger pension out of the couple wishes to keep this for themselves, rather than to share with their former spouse as an asset in the divorce. 

Whether to take the house or the pension in the divorce: 

As previously mentioned, one of the common forms of ‘clean break’ divorces that our specialist divorce solicitors come across is when one party, usually the woman, opts to ignore their partner’s pension, and in return is able to keep the family home or property that the couple have lived in together. 
 
A ‘clean break’ divorce in this way is a popular option, meaning that after the divorce each person’s finances are entirely separate from one another, removing the need for future negotiations and preventing the prospect of future financial claims. 
 
However, when these divorces are being completed, it is important that each party has the assistance of a specialist divorce solicitor to ensure that the permanent division of the assets is fair, and that both parties are fully aware of the long-term financial impact of their decision. 
 
For example, our specialist divorce solicitors often find that the spouse in the weaker financial position focuses their energy on keeping the marital home as a sense of stability and security to have the property forever. However, in doing so, they often agree to give up any right to the pension of their partner. 
 
In reality, if not properly thought through financially, this decision can lead to this person experiencing financial trouble in retirement age, or not being able to retire until much later than they otherwise would. 
 
Our divorce solicitors are all too aware of how common this issue is, and always offer tailored advice to our clients as to whether a divorce settlement idea has the potential to cause future financial problems in this way. 
 
Clean break divorce settlements are advantageous in many ways, when done correctly, and are the best way to finalise all aspects of the divorce and prevent any need for further interaction or discussion between spouses. However, the potential for scenarios such as that discussed above, where one party runs into financial trouble in the long run due to making a decision to keep the property many years earlier, is just one example of how ‘clean break’ divorce settlements can go wrong, and why it is so important to seek the assistance of a specialist divorce solicitor. 
 
For more information on the different financial options in a divorce, see these here. 

The importance of pensions in a divorce: 

According to the Office of National Statistics, on average pensions make up 42% of total household wealth, with the proportion of the wealth in property being only 36%. It is clear therefore that pensions are often the single biggest asset that a couple is likely to have, and should be considered carefully when it comes to a divorce. Our specialist divorce solicitors are often surprised when our clients come to us and care only about the house and physical assets that they share with their spouse, paying little attention to how the pair’s pensions will affect the divorce proceedings. 
 
Because of this, our team of divorce solicitors at MG Legal always take the time to sit down and talk through all of our clients’ options, highlighting to them how different scenarios could impact them financially long-term. With many people aware of the value of pensions, there are huge numbers of people who could be missing out on a share of the most valuable asset of the marriage, which could leave them with an unfair divorce settlement and in potential financial difficulty on retirement. 

How are pensions split in a divorce UK: 

Unlike other assets, pensions are unique in their nature and as a result the amount that each person is entitled to needs to be calculated carefully. The percentage of the pension that would be transferred from one spouse to the other can be calculated by either the total value of the pension, known as the cash equivalent transfer value (CETV), or the regular income that the pension will generate for each person. It should be noted that because of the complexity of pensions a 50/50 split will not necessarily produce an equal pension income for both people when they retire. The main reason for this is that there may be a difference in life expectancy and the couple may be of different ages. 
 
There are three options when considering how a pension should be split and these are: 
Pension Offsetting (formerly Pension Earmarking) 
This is when the value of the pension is offset against the value of other assets held between the couple. As a result this means that the Court would not make a pension order and the right to the pension would remain with the pension scheme member. For example, pension offsetting can be used when one person wants to keep the family home rather than any future share of their spouse’s pension that they might be entitled to. It is important to note, however, that if a person receives ready cash instead of a percentage of the pension, it does not work on a pound for pound basis and the lump sum is likely to be less than the amount of pension that would otherwise have been transferred. 
 
Pension Attachment 
This is an order that asks the pension provider to pay a percentage of the pension to the other spouse. Such a percentage will make up a share of either the pension income, the pension lump sum, or both. Such payment will be made when the pension becomes payable to the spouse originally holding the pension. As the Court is in favour of acheiving a clean break between the parties at the earliest opportunity, this type of order is not used very often. 
 
Pension Sharing 
This is the order which is most commonly made and is when part of an existing pension is transferred into a pension fund held by the other spouse. A pension sharing annex will be prepared, providing details of the pension share to be made, and this will be sent to the Court with the final financial order for approval. The sealed annex will then be sent to the pension provider together with a copy of the financial order and a copy of the decree absolute / final dissolution order.  
 
Deferred Pension Sharing 
This is used where there is to be a pension share, and the pension holder is already retired and is receiving the pension income but the spouse who is to receive the pension share has not retired and is too young to receive a pension. In this case, there is an agreement to share the pension at a later date, but this is more complicated than a standard pension sharing order. 
 
Deferred Lump Sum 
The party who will benefit will receive a lump sum payment from his/her spouse’s pension when the spouse retires. 
 
It is essential to note that the pension provider is likely to charge an administration fee for implementing any orders in relation to pensions and this fee can be quite substantial. Some will need the fee paid separately but others will also give the option of the fee being deducted from the pension fund. It is therefore important to consider any administration fees when deciding whether a pension order is appropriate. 
 
It is also recommended that the person seeking a pension order obtains the advice of a financial advisor as to how the pension will benefit them and, if it is a pension share, to determine whether the pension to be received should be paid into an existing pension fund or whether it would be better in a separate one. 

Why do more people not share their pensions in the divorce? 

Previous research has shown that many people, and especially men, are very emotionally attached to their pensions and have strong beliefs about their right to keep the money. Because of this, it is not uncommon for our divorce solicitors to be instructed by women involved in the divorce to allow for the pensions to be left out of the divorce proceedings. This is because, as our Family Law solicitors know, most of our clients wish for the divorce proceedings to go as smoothly, and as stress-free as possible. 
 
A representative from the Pensions Policy Institute recently spoke on this idea, stating that many women have an idea of a trade-off between the house and the pension in a divorce, and fight instead to keep the family home rather than looking more into the overall value of the pension. 

What happens to my pension when I get a divorce? 

As previously mentioned, since 2000, pensions have essentially been considered assets in divorces, and should be handled accordingly as just this. When divorce proceedings begin, our divorce solicitors insist that a full valuing of the pensions of both parties are conducted, in order to allow the necessary actions to be taken as to how they should be dealt with best. See a full overview of these options here. 
 
This could be: 
 
A Pension Sharing Order- where a portion of one spouse’s pension is transferred to the other 
 
Deferred Pension Sharing Order- this is a similar option, but defers the transferring until the other spouse is at the age of retirement 
 
Offsetting- the pension holder is able to keep the entire pension fund, and instead gives their spouse a greater share of other assets 
 
Deferred Lump Sum Order- the other spouse receives a lump sum at the date at which the pension is released 

What is a pension sharing order? 

One possible solution to the complex dividing of pensions and finances during a divorce, and one that our specialist divorce solicitors deal with on a regular basis, is a pension sharing order. In a pension sharing order, a percentage of one spouse’s pensions provisions can be transferred to that of the other spouse, in order that they are entitled to this portion of the money when they come to retire, or retirement age. 
 
Making a pension sharing order in this way allows what is often referred to as a ‘clean break divorce’, in which all financial ties between the spouses are broken, and no further work has to be done regarding their shared finances or pensions. In order for the Court to determine how the persons sharing order will be implemented, and how the pension should be shared, they can often bring in a finicial expert to best determine how the two party’s financial situation can be equal at the time of retirement, using the available funds. 

What is pension offsetting? 

Pension offsetting is an alternative to pension sharing, in which the receiving party takes less of the pension owners’ fund. In return, they keep more of the equity in the house or other capital assets, such as savings or investments. This is often an attractive method for spouses who are the primary carer of the family, and wish to keep the family home. However, while it can seem appealing as a short-term solution, it is also important that proper consideration is given as to whether any agreement reached is fair, and will be viable long term and upon retirement. 
 
If you are looking for advice as to whether this is a responsible option long term in your divorce, get in touch with our specialist divorce solicitors online here. 

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Does Decree Absolute end my spouse’s Financial Claim against me? 

When the clients of our divorce solicitors enquire about a divorce, during their initial consultation we often discuss with them their financial position, and how any joint assets (or even assets in either their or their spouses’ sole name) should be divided at the end of their divorce.  
 
Quite often, the misconception is that when the Decree Absolute is issued (the final Decree of divorce) neither party can then make a claim against the other, thus all financial ties are severed. Decree Absolute does not sever financial ties between a married couple. Unfortunately, this is not the case. If no Clean Break Order or Consent Order is entered into, your ex-spouse could be able to make a claim against you, even if you acquire any assets in the future. 
 
When you’re getting a divorce, you and your spouse should both consider how you will divide any property, money and other assets that you own, for example, shares or investments. Not all couples are the same: some may be able to reach an amicable, fair agreement between themselves, whilst others may require the assistance of an expert. No matter how you decide to deal with matters, it’s important to ensure that, legally, matters are finalised, to prevent any claims being made against you in the future. 
 
Any agreement should, generally, be entered into before your Decree Absolute is applied for. If you want to apply for your Decree Absolute desperately, then consult our team before taking any action, as this could prevent you from making a claim in the future against your spouse. 
 
The only way to prevent a claim from being made against you in the future is to finalise your financial ties through a Court Order. There are many types of Orders that can be made in the Family Court. If you and your spouse are in agreement with how your assets should be divided, or you do not have any assets to divide, you could apply to the Court for a Clean Break Order. One thing our team of divorce solicitors always stresses to our clients is that, just because you don’t have anything now, it doesn’t mean that you may not have assets in the future. For example, if you win the lottery (wishful thinking, we know!) or you receive inheritance, your spouse could make a claim. 
 
The application is made to the Court, outlining how you wish for the assets to be divided, and the Court will consider the terms, and decide whether they believe this is fair. If they are satisfied that the agreement reached is fair, they will normally seal the Order, and this finalises your financial ties. However, if the Court feels that there is any unfairness or large disparity in the settlement reached, they may request a hearing to discuss the issues further. Our team can represent you at any hearing, to make sure that the Court is aware of why the Order has been agreed in that specific way. 

What Happens If My Ex Does Not Comply With The Financial Order? 

Our solicitors occasionally find that a respondent fails to return the signed transfer when they believe that the financial order made was unfair and they want to appeal the decision or their circumstances have drastically changed since the order was made. Read on to learn more about financial orders. 
What financial orders are available to me? 
The Family Law Court has the authority to make a variety of financial orders from Property adjustment to lump sum orders. 
 
What are my options if my ex does not comply with the financial order? 
Your first port of call should always be to immediately tell the Solicitor who acted for you. Your Family Law Solicitor will then discuss the enforcement methods available. 
 
What happens if my ex does not comply with the financial order and I don’t know where they are now? 
Under the Civil Procedure Rules you can apply to the Court for an order to obtain information. If the Court agrees then the respondent will be ordered to attend court. 
 
How do I make my ex do what the financial order states? 
If there is a financial order in place you can either specify how you want the order to be enforced or you can apply for an order for such method of enforcement as the court may consider appropriate. 
 
What methods of enforcement are available? 
Attachment of earnings 
Here the respondent’s employer will deduct a specified sum from his earnings made up of the amount of the maintenance order and sometimes a proportion of the arrears, the employer will the forward the money deducted from the wage to the Court. 
 
Warrant of Control 
This method allows the High Court enforcement office to seize and sell assets belonging to the respondent sufficient to meet the outstanding amount (think unpaid lump sum orders) 
 
Third party dept order 
This allows you to receive payment from a third party who owes the respondent money. Again, this method is useful for unpaid lump sums. 
 
MCA 1973, s24A 
Under the Matrimonial Causes Act, the court can make an order for sale of property, to enforce an order. So, if the order says a respondent must pay £30,000.00 to the applicant. the Court may order that if this payment is not paid in 3 months of the decree absolute being issued, then the home must be sold. 
 
Charging Order 
You can apply to put a security over land or property that the respondent may own which can provide you with security for the dept but this application can be quite long winded and the Court will have discretion as to whether to order a sale or not. 
 
Judgement Summons 
Under the Debtors Act 1869 the court has power to commit a respondent who has not paid a periodical payment order or a lump sum order. 
 
For assistance with a property transaction or a family law issue our expert team are here to help contact us now via enquiries@mglegal.co.uk or call Garstang on 01995 602 129, or our solicitors in Preston on 01772 783314, or Lancaster on 01524 581306. 

Why choose MG Legal? 

We know that the advice given in relation to financial settlement will affect the rest of your life: so we sit and listen, advise as to the options and then do more than any other legal team to get the best outcome in your case. Our expert Family Law solicitors specialise in divorce and financial settlements and their success rates are second to none - read our reviews. 
Expert legal services across England and Wales: 
No matter where you are located across England and Wales, MG Legal's expert Family Law solicitors are here to help you to achieve the best possible outcome in your family law matter. 
 
To speak to a solicitor today, contact us online here. Or give us a call on 01524 581306 
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