My partner is saying I won’t get anything in our divorce. What can I do?

Dismantling a marriage can be an emotionally, practically and financially stressful time for you and your family.

Our specialists are here to help you untangle the legal details of your divorce to make the process easier, cheaper and hopefully quicker. Enlisting the help of a solicitor can also help you understand yours and your partner’s rights and entitlements in advance of court proceedings which can be helpful for managing your expectations.

Understanding how assets will be divided by a court can cause some of our clients confusion, particularly in the case of there being a lengthy union or one that involves ‘blended’ family members or assets in different countries. To help with this, we can review your matrimonial assets and provide a realistic estimate as to what you can expect to get.

Will non-matrimonial assets be excluded?

People going through a divorce may be unclear about whether matrimonial assets (financial assets that you and your spouse built up during the period of marriage) and non matrimonial assets (financial assets which were acquired before or after the period of marriage) will be viewed as separate in the eyes of the law. The answer to this is: It depends.

Like with many other factors of your divorce, your family’s unique circumstances will need to be considered before you get an answer. And we appreciate that this can make things frustrating for you if you’ve solely been looking at generic divorce guidance and trying to understand how it relates to you. But that’s where we can help. All of the services offered by our family law solicitors are bespoke and given to you after listening to you and giving careful consideration to your family set up.

Is it always a 50/50 split?

To dispel a common myth, it is not a rule that matrimonial assets be split 50/50 on divorce, however you would be correct in thinking that it is generally a starting point.

The court’s mission is to divide assets in a way that is equal and fair, but this does not necessarily mean 50/50. A number of factors will be considered by the court, including the economical situation of you and your spouse, child custody and future earnings. Prior to your divorce being overseen by a court, we will be able to talk through these factors with you and how they relate to your personal circumstances to advise on the best course of action to take.

What if my partner is hiding assets?

In some of the divorce cases we handle, our clients are concerned that their spouse or civil partner is hiding assets away from them or more urgently is taking steps to dispose of them. In cases like these, we can tailor our advice to offer you guidance on what can be done.

What is a consent order?

A consent order is a document that sets out the financial agreement made by parties involved in a divorce. Once it is approved by the court, it is legally binding.

Although ultimately, your divorce proceedings will be seen by a court, we can help you in negotiating and agreeing to a settlement prior to this process to avoid any complications, delays or further legal costs. We have vast experience of mediating between spouses to aid you in coming to a favourable agreement which we’ll then file with the courts.

Having it all sorted and agreed in principle beforehand means the court will be able to deliver its financial settlement orders at the same time as decree nisi (a document that says that the court does not see any reason why you cannot divorce) is declared.

Contact Us Today

We understand how difficult divorce can be but we have the skills, knowledge and experience to navigate this process with you. If you require any legal advice on any family law aspect be it: Divorce, Children matters, Family financial or any matters, contact Bond Adams Solicitors.