Navigating divorce is tough enough—throw in financial remedies and it can feel like a legal labyrinth. Whether you’re just starting the process or knee-deep in negotiations, here are the most frequently asked questions and the answers you need.
What are financial remedies?
Financial remedies are the legal tools used to divide money, property, pensions, and other assets after a divorce. They ensure both parties walk away with a fair financial outcome.
Do I have to go to court to resolve finances in my divorce?
Not necessarily. Most financial remedy cases are resolved by consent order—an agreement approved by the court. If you can’t agree, you may need a Financial Dispute Resolution (FDR) hearing or a full trial.
What will the court consider in regard to my finances?
The court follows Section 25 of the Matrimonial Causes Act 1973, which includes:
- Income and earning capacity
- Financial needs and obligations
- Standard of living during the marriage
- Age and duration of the marriage
- Contributions (financial and non-financial)
- Welfare of any children
Can I keep my pension as part of financial divison with divorce?
Pensions are often overlooked but can be a major asset. The court may order:
- Pension sharing: dividing the pension pot
- Pension offsetting: trading pension value for other assets
- Pension attachment: future payments to your ex
What happens to the family home during divorce?
The home can be:
- Sold and proceeds split
- Transferred to one party
- Retained until children reach adulthood
The outcome depends on your financial situation and housing needs.
Are prenups legally binding?
Prenuptial agreements aren’t automatically binding in the UK, but courts increasingly respect them—especially if:
- Both parties have had the opportunity to take legal advice
- There was full financial disclosure
- The agreement is fair and meets needs
- The agreement was drawn up 28 days before the date of the wedding.
- There is no duress or coercion.
What if my ex is hiding assets during divorce?
You can apply for disclosure orders and, in serious cases, the court may penalise dishonesty. Transparency is key.
How long does it take for a consent order?
A straightforward consent order can be done in a few months. Contested cases may take 6–12 months or more, depending on complexity.
Will I get spousal maintenance?
Possibly. It depends on:
- Your income and needs
- Your former spouse’s ability to pay
- Whether you can become financially independent
Maintenance can be temporary, long-term, or alternatively the Court may decide on a clean break income settlement.
What happens to the belongings in the house following divorce?
Household belongings—furniture, electronics, art, and even pets—can be a source of tension. Here’s how it’s typically handled:
- Mutual Agreement: Couples often agree on who keeps what.
- Valuation & Division: Items may be valued and offset against other assets.
- Court Decision: If no agreement is reached, the court may decide based on need, use, and fairness. Tip: Create an inventory early and try to resolve this amicably to avoid unnecessary legal costs.
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