We help clients achieve financial security during emotionally challenging times so that they can move on with their lives.
We know the importance of financial security, particularly when children are involved. We can help negotiate financial settlements, which often involve the division of property and capital, arrangements for the family home, sharing pensions, offsetting assets and child and spousal maintenance.
A divorce does not need to be drawn out or confrontational. As proud members of Resolution, we encourage amicable and practical solutions and support clients to reach settlements out of court. This could be through alternative dispute resolution, such as mediation, collaborative meetings or arbitration. In cases where this is not possible, we are expertly equipped to represent clients in Financial Remedy Proceedings.
Our experienced lawyers deal with all situations, from low asset needs cases, to high-net-worth cases involving complex issues such as intervenors, trusts, inheritance, offshore assets, businesses and farming assets.
We can also assist by preparing a separation agreement to formalise financial, property and child arrangements pending divorce, or in cases where a couple is not yet ready to divorce or cannot divorce due to cultural or religious reasons.
We can help with a wide range of issues, including: co-habitation agreements, prenuptial agreements, postnuptial agreements, financial arrangements for unmarried couples and child arrangements.
The starting point is for all marital assets to be split equally, however, there are many reasons why an equal split may not be appropriate. The court will consider what is fair by taking into account the factors set out in Section 25 of the Matrimonial Causes Act 1973, including each parties’ income, earning capacity, housing needs (including those of any children) and any significant contributions towards the marriage – financial or otherwise.
Only in exceptional circumstances can the court financially penalise a party who has treated their partner badly or abused them, where it would be ‘inequitable to disregard it’. The threshold is extremely high and the bad behaviour/ conduct will usually have had to result in significant financial loss to the other party.
The court can make an order under Section 37 of the Matrimonial Causes Act 1973 to stop a party from disposing of certain assets until a financial settlement has been reached. This could be, for example, an order stopping one party from transferring a property or business out of their name or an order preventing them from spending excessive amounts of cash from a bank account.
Pensions are usually considered marital assets, meaning they are subject to sharing. It may be possible to ‘offset’ a pension against other assets, meaning one party takes a larger share of, say, the equity in the family home, whilst the other party retains more of their pension. In the case of a short marriage, it may be possible to argue that only the value of the pension accrued during the period of the marriage should be included in the split of assets.
The court’s first consideration when considering a financial settlement is the welfare of any children under the age of 18. The court must be satisfied that the children’s housing and financial needs will be met.
Rated
4.3 on Google Review
Julie Gordon
7 months agoExceptional service for all the team, especially Liz. No hidden surprises, clear and precise information and I was guided the whole way through my divorce. I felt supported and listened to. Highly recommend.Posted on Google
Liz Cockram
5 months agoI highly recommend Hannah Adams and the team at Shentons. They were all incredibly kind, patient and really listened to the details of our particular situation. We were seen quickly, which was very important for us due to EHCP Tribunal deadlines. The expertise and depth of information we recieved in meetings and reports was invaluable. It also allowed me to proceed with clarity and confidence, where I had previously felt lost in the vast amount of very subject specific paperwork which had been sent to us. We followed Hannah's advice when looking for other professionals to assess our child and gain the relevant reports. We also followed up on a possible area of need she identified, resulting in a new diagnosis and subsequent support from the NHS. I am incredibly happy to say my child is enjoying his second week at our chosen school, something the LA finally agreed to after nearly a year of fighting but 5+ months before our court date. Our child is now in a setting which will support him for the next 7.5 years.Posted on Google
Edward Ramsay
7 months agoI cannot speak highly enough of Chloe jay of whom was my legal representation during what was the most serious and stressful period of my life. From the very beginning, Chloe demonstrated exceptional professionalism, intelligence, and dedication to my case. Chloe had an outstanding understanding of the law and an ability to explain complex issues clearly and honestly, which gave me confidence at every stage of the proceedings. In court, Chloe's advocacy was calm, authoritative, and compelling. Chloe was meticulous in her preparation, strategic in her approach, and fearless when it mattered most. What truly impressed me about Chloe was her commitment to justice and to me as a client. Chloe treated my case with the seriousness it deserved, listened carefully, and fought relentlessly on my behalf. I always felt supported, respected, and in safe hands. Chloe worked in my case beyond my expectations and into the early hours of the morning sometimes to ensure that I as her Client had the greatest chance success each day of trial. I am deeply grateful to Chloe and would not hesitate to recommend her to anyone facing a serious legal matter. If you need a barrister who is highly skilled, principled, and unwavering in their commitment to their client, I cannot recommend them strongly enough. Thank you Chloe and to all at Shentons who assisted in my case.Posted on Google
Jennifer Cole
6 months agoShentons helped me through a really difficult time in my life when I was locked in a legal battle with my old partner about our joint house. I am so grateful for Shentons' excellent counsel, efficiency and human touch. I did get a great outcome in the end which has meant I can be free and financially secure again.Posted on Google
Abi Alsford
4 months agoRachael, Alex and the team were amazing during my custody case. They were reassuring, helpful and professional every step of the way. I can’t thank them enoughPosted on Google
News and Articles
Hannah Adams Head of Special Educational Needs
Chloe Jay Senior Partner
Elisabeth Pollard Partner
Elizabeth Cookson Solicitor
Rachael Cole Partner
