How Divorce Solicitors Help You Ensure A Fair Resolution

Many people assume that assets are automatically divided 50/50 in divorce and separation settlements, but this is a common misconception. In reality, UK law focuses on a fair division of assets, taking into account a range of factors, including the needs of any children involved. This is why seeking expert guidance from divorce solicitors is crucial to ensure a just and equitable resolution tailored to your specific circumstances.

This article takes a closer look at how family law solicitors guide clients through divorce, from navigating financial settlements to arranging child custody, while highlighting why tailored legal advice can make all the difference.

In divorce proceedings, there are several key considerations that affect how financial assets and resources are distributed. Family law solicitors will help ensure that these factors are taken into account when negotiating a settlement.

The Welfare of Children

Above all else, the welfare of any children from the marriage is the primary concern. When deciding on financial matters, the court and mediators will ensure that the children's needs are fully met. This includes providing sufficient housing and financial support for the primary caregiver. 

Mediation can assist parents in coming to an agreement that puts the children’s well-being first, with both parties working together to make decisions that best serve the children’s future.

Earnings and Future Potential

Another important aspect of financial settlements is the earning capacity of both spouses. If one spouse has a significantly higher income, or if one has been out of the workforce for a prolonged period, the court may award a larger share of assets or ongoing financial maintenance to ensure fairness. Divorce solicitors can help navigate this aspect, ensuring that the spouse with the lower earning potential is adequately supported in the settlement.

Contributions Beyond Finances

It’s essential to recognise that contributions to the marriage aren’t limited to financial input. For example, raising children and maintaining the household are significant contributions that may not be immediately financial but still hold value in a divorce settlement. Divorce solicitors help ensure that these non-financial contributions are considered when determining asset division, as they can be just as important as monetary contributions.

Duration of the Marriage

The length of the marriage often impacts how assets are divided. For longer marriages, the assets are typically split more evenly, especially if the couple has been together for a significant amount of time. 

However, in shorter marriages, especially those without children, the court may aim to return each spouse to their pre-marriage financial status. Family solicitors take the length of the marriage into account when advising clients on potential settlements, ensuring that the resolution aligns with the realities of the relationship.

Lifestyle During the Marriage

The lifestyle you and your spouse enjoyed during the marriage can also play a role in how assets are divided. The goal is often to maintain a similar standard of living for both parties after the divorce, within what is financially feasible. Divorce solicitors can help ensure that both spouses are in a position to maintain a comparable lifestyle, within reason, given the financial circumstances post-divorce.

Financial Orders and How Divorce Solicitors Assist

When it comes to financial settlements, the court has the power to issue various types of financial orders. However, family law solicitors often encourage couples to pursue mediation, which can help settle these matters without the need for court involvement. Mediation is generally quicker, less costly, and more cooperative, allowing both parties to maintain control over the final agreement.

Property Division Orders

One of the most significant financial issues in a divorce is how the family home is handled. The court can issue Property Adjustment Orders, which could involve the sale of the family home and splitting the proceeds or transferring ownership to one spouse. 

Divorce solicitors can advise on the best course of action regarding the family home, considering factors such as the children’s living arrangements and both parties’ financial circumstances. Alternatively, mediation allows couples to explore these options collaboratively, potentially avoiding the emotional toll of selling the family home.

Lump-Sum Payments

In some cases, one spouse may need to pay a lump sum to the other to balance out the division of assets. This may be particularly relevant if one spouse is retaining the family home or other significant assets. Divorce solicitors can help facilitate discussions around lump-sum payments, ensuring they are manageable and fair for both parties.

Spousal Maintenance

In cases where there is a significant financial disparity between spouses, spousal maintenance may be awarded. This is particularly common when one spouse has been out of the workforce for a long period, often due to childcare responsibilities. Through mediation, divorce solicitors can also help determine a maintenance amount that feels fair and reasonable, avoiding lengthy litigation.

Pension Sharing Orders

Pensions are often one of the most valuable assets in a marriage, but dividing them can be complicated. A pension sharing order allows one spouse’s pension to be divided, transferred, or shared. This ensures that both parties receive a fair share of future financial security. Divorce solicitors help explain the complexities of pension sharing and can offer advice on how to best divide these assets, ensuring both spouses are clear on how the division will impact their financial futures.

The Importance of Legal Guidance and Mediation

While divorce can be an emotionally charged process, working with an experienced family law solicitor ensures that you have the right legal advice and support throughout. A solicitor can help you understand your legal rights, negotiate a fair settlement, and, if needed, represent your interests in court. 

However, before heading straight to court, it’s worth considering family mediation as a first step. Mediation is a more amicable, cost-effective approach to resolving disputes and can help both parties reach a fair resolution without leaving everything to a judge.

Expert Guidance for Divorce and Separation with Duffield Harrison

If you're navigating the complexities of divorce, separation or family law disputes, Duffield Harrison LLP is here to provide expert guidance and support. With over 180 years of experience, our team of dedicated family law solicitors offers compassionate and professional legal services tailored to your unique circumstances. Whether you're dealing with financial settlements, child arrangements, or other family law matters, we are committed to helping you achieve a fair and equitable resolution.

Our offices in Hoddesdon, Hertford, and Enfield are ready to assist you. Contact us today to schedule a consultation and take the first step towards resolving your family law issues with confidence.