Divorce Settlements

Married couples have claims in respect of the family home, business interests, pensions, savings, and income. These assets can be dealt with in a variety of ways, including sales, transfers, and pension sharing. At Hayes + Storr, we proactively negotiate and, where appropriate, refer clients to mediation to try to agree a settlement and avoid the need for the court to make a decision. This helps keep clients more in control of both the process and the legal fees involved.

Before reaching any settlement, it is important that the full financial landscape is clear. Best practice is for all financial information to be obtained, collated, and exchanged. This disclosure process is essential to ensure complete openness and honesty as the basis for a settlement.

Sometimes, difficulties arise in receiving full disclosure, and in such cases we will advise you on how to obtain the necessary financial information and whether further investigations may be required. This could include raising a focused questionnaire or commissioning valuation reports from accountants or pension experts/actuaries. We take nothing for granted and will work with you to achieve the settlement you are entitled to, whether the situation is straightforward or more complex.

If financial disclosure is not forthcoming, or if the parties are unable to agree the way forward, it may be necessary to involve mediation services. We can help make this referral and continue to advise in the background to ensure that any agreement reached is fair and that all options have been considered.

As a last resort, the court can be asked to make a decision. Factors such as differences in age and earnings, childcare responsibilities, and pre-marital or post-separation assets will all be taken into account. The experience of our Family Team allows us to guide you through each stage of the process — from a First Directions Appointment (FDA), to a Financial Dispute Resolution Hearing (FDR), and, if necessary, a Final Hearing — in a pragmatic and constructive way.

We can also assist with incorporating an agreement reached directly between spouses into a Consent Order. This process usually runs in parallel with the divorce. It is almost always vital to obtain a Clean Break Consent Order detailing the agreement reached, which then allows you to move on with your life.

It is important to seek advice early, before making any final decisions. We offer a reduced-rate fixed fee appointment for all new clients. For all new family enquiries, please contact the family department on 01328 863231 in the first instance.