FINANCIAL SETTLEMENT AFTER DIVORCE: WHAT ARE YOU ENTITLED TO?

For many people going through divorce, the financial settlement is one of the most important parts of the process — and often one of the least understood.

Questions about what happens to the family home, savings, pensions and future financial security can quickly become overwhelming, particularly where there are children or significant differences in income.

At Main Nickolls LLP, our Family Law team advises clients across Kent, Surrey and London on achieving fair financial settlements that reflect both immediate needs and long-term financial security. Every case is different, and understanding your legal position early is essential when planning the next stage after separation.

Is Everything Split 50/50 in a Divorce?

Not necessarily.

A common misconception is that all assets are automatically divided equally. In practice, equality may be a starting point, but the court’s objective is fairness rather than a fixed 50/50 formula.

In some circumstances, one party may receive a larger share of the available assets, particularly where there are dependent children, unequal earning capacity or different housing needs.

The final outcome depends on the individual facts of the case.

What Is Included in a Financial Settlement?

A financial settlement can include all assets and liabilities built up during the marriage, including:

• The family home

• Savings and investments

• Pensions

• Business interests

• Property held in sole or joint names

• Debts and liabilities

  
  

It is important to understand that assets are considered as part of the overall financial picture, regardless of whose name they are in.

What Factors Does the Court Consider?

When determining a financial settlement, the court looks at a number of factors, including:

• Each person’s financial needs and obligations

• Income and future earning capacity

• Standard of living during the marriage

• Length of the marriage

• Contributions made by each party, including childcare and homemaking

• The welfare of any children

  
  

This means financial contribution alone is not decisive. Non-financial contributions are also fully recognised in family law proceedings.

Why Pensions and Long-Term Planning Matter

Pensions are often among the most valuable assets in a marriage, yet they are frequently overlooked during early discussions.

A financial settlement should always consider not only current assets, but also long-term financial security, retirement provision and future housing needs.

Ignoring these issues at an early stage can lead to significant disadvantage later.

Do You Need a Consent Order?

Yes — in most cases this is essential.

Even after divorce is finalised, financial claims between spouses remain open unless a Consent Order has been approved by the court.

Without a legally binding financial order, either party may be able to make future financial claims, sometimes years later.

This is one of the most common and costly mistakes people make when trying to resolve matters informally.

Why Early Legal Advice Is Important

Financial settlements often involve decisions that affect housing, income and long-term security for many years to come.

Early legal advice helps clarify:

• What assets should be disclosed

• What outcomes may be realistic

• How negotiations should be approached

• Whether court approval is required

  
  

A clear legal framework often helps avoid avoidable conflict later.

Speak to Main Nickolls Family Law Solicitors

At Main Nickolls LLP, we provide clear, practical family law advice designed to help clients understand their financial position and move forward with confidence.

Our Family Law team advises on:

• Divorce financial settlements

• Consent Orders

• Property division

• Pension sharing

• Maintenance arrangements

  
  

If you are going through divorce and need advice about your financial settlement, we are here to help.

Talk To Us