We will help you focus on the legal issues and getting the best outcome for you and your family.
Sorting out finances after a separation is, for most people, the part that matters most and worries them most. The decisions made now about property, pensions, savings and income will shape what the next chapter of your life looks like. Getting proper divorce financial advice early makes a material difference to the outcome.
A financial settlement does not have to be contentious. But it does need to be thorough.
What a fair settlement actually requires
The starting point is full financial disclosure from both parties: all assets, all income, all liabilities, regardless of whether either of you considers something to be "yours" or outside the scope of the marriage. Incomplete disclosure is one of the most common ways settlements unravel later.
The court in England and Wales has wide discretion in how it approaches dividing assets in divorce. It does not apply a formula. Factors the court may consider include the length of the marriage, the needs of any children, each party's earning capacity, non-financial contributions such as childcare, and the standard of living during the marriage. This is why what happened to a friend in their divorce is rarely a reliable guide to what might happen in yours.
Any agreement reached needs to be recorded in a consent order to be legally binding. A verbal agreement, or even a written one between you, is not enough.
Choosing the right forum
Negotiation between solicitors, mediation, non-court dispute resolution and court proceedings all involve different timescales, costs and dynamics. There is no single right answer, and the best route depends on your circumstances, your priorities and, frankly, the personalities involved on both sides.
We will explain each option clearly and help you make an informed choice, rather than pushing you towards a process that does not suit your situation. Where court is genuinely necessary, we will say so. Where it is not, we will tell you that too.
What drives the cost
Legal fees in financial proceedings are shaped by three things above all: the complexity of the assets, the forum chosen, and how the matter is conducted on both sides. When asset values are significant (a house, a pension, a business interest), the cost of proper advice is proportionate to what is at stake.
Divorce financial advice in complex cases
Some divorce financial advice matters are straightforward. Others involve business assets, inherited wealth, trusts, international elements or pensions that require specialist input. We advise across the full range and will tell you early on if a particular aspect of your case warrants additional expertise.
Where expert evidence is needed, such as a surveyor to value property or an accountant to value shares in a private company, that will add to costs, but it often brings matters to a close more efficiently than trying to avoid it. We will always be straight with you about where costs are being added and where they could be reduced.
We're always happy to have a no-obligation chat about the way forward. Visit our contact page or call us on 020 4579 5360. Connect with us on LinkedIn.
This page reflects the law in England and Wales. Last reviewed: 12 June 2026.
Funding your case
Legal fees can be high and come at a time of uncertainty, there is no hiding this. We realise this and want to ensure that instructing FLC is something which involves openness on the likely costs and how these can be met.
We have set out our hourly rates and what can be expected in terms of costs here. We have also set out the various options available for funding your case.
We accept: Litigation loans, credit or debit cards, bank transfer.
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Can I sort out the finances without getting divorced?
Not in a completely final way – to do that you need a court order. But you can agree to the terms of this and include it within a separation agreement. A separation agreement is similar to a prenuptial agreement in terms of its effect – see Nuptial and other family agreements.
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Why do I need a court order?
You want any agreement to be binding and enforceable. You will also want finality, so neither of you can make a claim in the future. The only way to do this is by a court order.
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I hate the idea of going to court, what are my options?
Various: you can discuss the settlement directly with your spouse, negotiate via a solicitor or attend mediation. Which is the best option depends on how complicated the situation is, how much information is needed and whether each is being open with the other about their circumstances. If you reach a settlement, a consent order can be sent to the court and you will not have to go to court.
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Are things always split 50:50?
No, in fact settlements are rarely completely equal. The first thing to sort out is where everyone will live, and what they will live on. Each party’s needs tend to be the main issue. If there is money left over, that is usually shared equally unless there is a good reason, for example, if it was inherited. Each case depends on the facts and so it is hard to generalise. But, if one person needs more, they are likely to receive a greater share of the family assets.
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What about older children?
The law prioritises the needs of children until they reach the age of 18. After that they are part of the picture, but they are not top of the list. The law is practical here, and takes notice of the effect on a family of children attending university. This is likely to be reflected in the housing needs of a parent with whom the children live while not at university.
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What is a pension sharing order?
A court order which divides one person’s pension and gives a set percentage to the other. A separate fund is created in the other person’s name. This can help balance the position in families where one parent gave up work and so has little or no pension cover. It is only available if you are married or in a civil partnership.
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Can I claim maintenance?
Potentially yes. There are two types of maintenance: child maintenance and maintenance for a spouse. Every parent must support their children, see our page on financial provision for children for further details of this. Maintenance for adults is discretionary, and depends on the situation. It usually meets a person’s needs, that is their living costs. A maintenance order can only be made if it is affordable, and will generally be made for the shortest time possible to allow a person to get on their feet post-divorce.
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My ex won't agree to sell the house, what can I do?
A court has the power to order the sale of an asset regardless of whether it is in sole or joint names, and can order how the proceeds should be shared. This can be done by making an application to the court for a financial order. It depends on the situation whether a court would make this order or not. It will consider the needs of both parties and how both are going to be rehoused following a sale.