Enquiries@elliotmather.co.uk

New Enquiries: 0330 333 2613

Online Payment

Like Us on Facebook

Follow Us on Twitter

@elliotmatherllp

We have specialists in many areas of legal practice. Make an enquiry today: 0330 333 2613

How Do I Make a Financial Agreement With My Ex Legally Binding?

The breakdown of a relationship is a distressing time for all concerned, and thinking about what happens to your finances can become overwhelming. It is advised that you seek the advice from a Family Solicitor to create a financial agreement between you and your ex-partner.

Initial telephone options appointment

Our expert Family Law team are here to take the worry off your hands. We provide an initial telephone options appointment to discuss funding for your circumstances. Please call 0330 333 2613 for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.

What is a financial agreement/settlement?

A financial settlement is reached before Divorce Proceedings begin and outlines:

Division of money, including savings and investments.
Property, including the family home and any other properties owned together or individually.
Pension provision.
Vehicles owned.
Any financial support, such as child maintenance or spousal maintenance.

How do you reach a financial settlement?

There are a number of ways in which you can reach a financial settlement in an amicable fashion, with the most common options being:

Couples can come to an agreement between themselves
It is possible for the parties to attend mediation sessions.
Family Solicitors can be instructed to negotiate a settlement.
They can engage in the collaborative law process.
The parties can use the arbitration process.

In some cases, where the separation isn’t amicable, or you tried the other methods and they were unsuccessful, going to Court is the only way to reach a financial settlement.

If attending Court is the avenue you wish to proceed, it is important that you have expert legal advice and representation throughout your matter. This is to ensure your best interests are protected when it comes to your settlement.

Making your financial settlement legally binding

When you agree to a financial settlement voluntarily (through the options previously mentioned), this doesn’t automatically make the document legally binding to either party. In order for the agreement to be legally binding, you will need to apply for a Consent Order from the Court.

What is a Consent Order?

A Consent Order is a legally binding document that is issued by the Courts. This document outlines the agreement you have come to regarding the division of your assets, including: money, property, pensions, savings and investments. It may also include any agreements regarding financial support (child maintenance or spousal maintenance).

How can I apply for a Consent Order?

In order to apply for a Consent Order you will need to instruct a Family Solicitor who will draw up the relevant paperwork for your application. Both you and your ex-partner will need to sign this paperwork before it is submitted to the Court for approval. A judge will review the application, and once approved, your financial settlement will become legally binding.

How we can help

Our dedicated team are committed to resolving all issues relating to your case, as swiftly and with as little confrontation as possible. This is an approach that will help limit the damage to you and your family, emotionally and financially.

The level of help you would like from us is entirely up to you. For further information, please contact us.

Location

Our Solicitors can provide expert advice across the country with a network of offices based in: Chesterfield, Derby, Mansfield and Nottingham.

How to get in contact

Our team are on hand to help you and can assist wherever you are based. Please call us on 0330 333 2613 for a no-obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call or email you back.

Family

Ben Lawson

Solicitor & LLP Member

Ben is a Solicitor and LLP Member who joined Elliot Mather’s Family Department in December 2021.

He assists clients across Derbyshire, Nottinghamshire and further afield with issues arising from relationship breakdowns involving, divorce, children and finances. Ben is also a member of Resolution, and holds the Specialist Accreditation for helping clients resolve disputes involving complex finances.

With over 10 years’ experience, Ben possesses a high level of expertise within Family Law, having particular knowledge and interest in:

Advising clients in relation to the complex medium to high net worth financial cases involving: assets and properties held out of jurisdiction, business assets, inherited assets and trusts.
Preparing and advising clients in respect of Nuptial Agreements.
Representing sports professionals, including professional footballers and golfers.
Assisting and advising clients with family run/owned businesses in situations where relationships breakdown.
Representing unmarried couples in relation to legal and beneficial ownership of property.
Advising parents regarding the arrangements for children following separation, including situations involving international relocation.
Representing clients in relation to disputes regarding maintenance, including child maintenance.

Ben understands how sensitive and complex family matters can be, it is because of this that he strives to ensure all clients are provided with a friendly and expert service.