Do I Need a Financial Settlement in Divorce?

Why is a Financial Settlement Important?

While you can legally divorce without finalising your finances, failing to secure a legally binding settlement (typically via a consent order) can leave you exposed to future claims from your ex-spouse. A well-drafted settlement provides clarity about how assets, property, and even potential spousal maintenance should be handled post-divorce, ensuring both parties can move on with financial certainty.

What is a Financial Settlement?

A financial settlement is the agreement reached by a couple on how to divide their money, debts, assets, and property once their marriage is over. In England and Wales, this process is separate from the formal divorce. Once both parties have completed full financial disclosure (often through Form E), you can negotiate how to split property, household contents, business interests, debts, pensions, and more. The final agreement is submitted to the Court for approval, resulting in a consent order that formally severs financial ties.

How Do You Reach a Settlement?

  1. Identify the ‘Marital Pot’:
    Through financial disclosure, each spouse declares all assets, debts, and income.
  2. Negotiate Terms:
    • DIY Approach: You may choose to negotiate directly with your ex-partner. However, without legal advice, you risk missing crucial elements such as pensions.
    • Mediation: A neutral mediator helps facilitate discussions in a less adversarial environment.
    • Solicitor-Led Negotiations: Both parties have independent solicitors who exchange proposals and work toward an agreement.
    • Court Proceedings: If negotiations fail or the relationship is acrimonious, a judge may decide the final outcome.

What are the Risks of Not Having a Financial Settlement?

  • Future Claims: Without a consent order, either spouse might lodge financial claims years after the divorce.
  • Lack of Clarity: You may inadvertently leave out significant assets or debts.
  • Prolonged Disputes: Resolving finances later can lead to further stress, costs, and potential court intervention.

How Can HM & Co. Solicitors Help?

Our experienced family law solicitors offer:

  • Clear Guidance: We’ll ensure you understand the legal process and potential long-term effects of your decisions.
  • Expert Drafting: Having the consent order drawn up by a specialist lawyer minimises court rejections and ensures your agreement meets legal requirements.
  • Tailored Advice: We can recommend mediation, solicitor-led negotiation, or court proceedings—whichever route best suits your situation.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Contact our team for more information about reaching a financial settlement or any other family law concerns.

Your Questions, Answered

FAQs

FAQs: Forensic Accountants in Divorce

What financial aspects can forensic accountants investigate?

Our forensic accounting team may examine various financial records and assets, such as family bank accounts, business interests, properties, pensions, and even cryptocurrencies. Their aim is to uncover any discrepancies or hidden assets, ensuring a transparent and fair settlement.

They are particularly helpful if one party has had significantly more control of the family finances, enabling both spouses to gain clarity on the true financial picture.

 

How do forensic accountants uncover discrepancies?

A forensic accountant combines auditing, investigative techniques, and financial management skills to build a comprehensive overview of family finances. They might analyse:

  • Bank statements and transaction histories
  • Financial reports and tax records
  • Spending patterns
  • Evidence of hidden or transferred assets

Because these investigations can be complex, it’s advisable to seek advice from a forensic divorce accountant as early as possible in the proceedings.

 

Can forensic accountants assist cohabiting couples who separate?

Currently, cohabiting partners in England and Wales do not enjoy the same legal rights as married couples, such as the automatic right to inherit one another’s property or pension. As a result, there is no specific legal framework to divide assets when a cohabiting couple separates, so forensic divorce accountants are typically not employed in cohabitation disputes in the same way they are for divorcing spouses.

 

How can a spouse be prevented from hiding or selling assets during divorce?

In high-conflict or high-net-worth cases, a spouse might attempt to conceal assets or dissipate funds to reduce the amount available to their ex-partner. A forensic accountant can help expose such hidden wealth or unusual expenditures.
In certain circumstances, a freezing order may be issued by the court to protect relevant assets from being sold or transferred before a fair settlement is reached.

 

Who decides how assets are split during a divorce?

If the couple cannot agree on their own, the court will determine the division of assets, guided by principles of fairness. Factors considered include:

  • Income and earning potential
  • Child and spousal responsibilities
  • Standard of living during the marriage
  • Any other relevant circumstances

Every divorce case is unique, and there is no single rule about how assets must be divided.

 

How much do forensic accounting services cost?

Because each investigation is tailored to the specific circumstances of a case, there is no fixed fee for these services. Once our forensic accountants understand the scope of work required, they will provide an estimated cost so that you have a clear idea of the potential expenditure involved.


Need More Information or Assistance? Contact HM & Co. Solicitors
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com

We are here to guide you through the forensic accounting process, ensuring you have the accurate financial insights necessary for a just and transparent divorce settlement.

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