We help make the financial side of getting a divorce as simple as possible, whilst retaining what you deserve.
Our international divorce lawyers regularly advise on cases involving complex international aspects.
The breakdown of a relationship can often be a difficult and emotional time. Our separation and divorce lawyers support and offer advice on pre-civil partnership agreements, post-civil partnership agreements, civil partnership dissolution, and finances when a civil partnership ends.
Our family law solicitors are experienced in providing support for families experiencing difficult changes in their lives, including breakdowns in relationships and changes to family life.
At Austin Kemp, we’re here to help. Find out more about the divorce process, and other key information with our vast resource section.
Our industry-first Divorce Report combines numerous data sources and internal research, to bring you this specialist report.
Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
Our legal videos break down the complexity and jargon within our profession.
Our Legal Brochures detail the process for each area of Family Law. Download your brochure and learn more about what is involved in this complicated legal topic.
Our Legal Experts have written insights to help you navigate divorce and family law.
Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
Marriage breakdown can come about for a wide range of reasons. For some, marriage breakdown occurs as a result of money problems, while for others, it may be that one party has had an affair.
There’s no escaping the fact that marriage breakdown can take its toll, both emotionally and financially. Understanding how your assets may be divided can help you to take control and plan for a future without your spouse.
During a divorce settlement the court has to consider multiple factors, as set out by section 25 of the Matrimonial Clauses Act:
Matrimonial assets are one of the biggest things fought over in a divorce settlement, they can include: pensions, lump sums, property, savings and more. These are detailed in the Matrimonial Causes Act 1973.
Other additional things typically included in a divorce are custody over children, matrimonial homes, child support settlements and pets.
There are a few orders the Court can make to ensure fairness when a divorce takes place:
Some of the orders above are more common than others, for example, spousal maintenance.
The court considers a lot of things when dividing matrimonial assets; there are no strict rules on dividing assets and every case is different.
Some of the things the court tends to consider are the welfare of children, available income and resources, and both parties’ financial needs and responsibilities. They will also consider age, length of marriage, both parties’ behaviours, loss of any benefit, contributions made, physical and mental capabilities and the standard of living breakdown for both parties.
Usually, the most valuable asset in a divorce is the matrimonial home. There is no simple solution to deciding what should happen to the home, and it’s often decided based on the financial needs of both parties.
The court has the power to make a variety of different orders with regard to the financial settlement following marriage breakdown. If you need to ask a court to decide who will get the family home following your marriage breakdown, the court will consider everything from the value of your assets to the overall needs of both you and your spouse when making its decision.
An example is that the court may order that the house should be transferred from one spouse to the other, or that the house should be sold when a specific event takes place (such as when the youngest child reaches adulthood).
It usually saves a lot of time, money and emotions if you can come to an agreement before divorce proceedings, so you may want to consider a separation agreement. If you can’t come to an agreement the court can decide for you.
In the majority of cases, it’s likely both of the claimants have a right to live in their marital home. While you’re settling for the divorce you will have a financial agreement which usually decides who stays where.
If you have an issue with this, please seek legal advice from a trained solicitor.
Each divorce case is different, and while both parties are worried about ‘fairness’ during proceedings, the court is highly experienced in dealing with these matters. Both parties need to realise that assets aren’t usually split 50/50, but are subject to the rules of section 25 of the Matrimonial Court Act 1973.
For couples who are going through a divorce, the financial side of the relationship breakdown can cause a great deal of worry.
‘Divorce settlement’ is a term which describes how the finances of a couple are to be divided when they divorce. Your divorce settlement can detail everything from how you divide your property, to how any savings and debt will be shared upon divorce.
It is important to note here, that in England and Wales, the divorce process itself does not deal with a couple’s finances.
The divorce settlement often runs concurrently with the divorce process. However, getting a divorce does not automatically end the financial relationship between you and your spouse.
If you and your spouse agree on your divorce settlement, the next step is normally to get it made into a legally binding consent order.
Without a divorce settlement, your ex-spouse may be able to make a financial claim against you in the future. There is no time limit for making financial claims against an ex-spouse.
This is why it’s vital that a binding court order, detailing your divorce settlement, is obtained.
If you are not able to agree on your divorce settlement, you may have to go to court and ask a judge to decide for you. This is normally viewed as a last resort, as it can be time-consuming and costly.
A divorce settlement can be reopened, but it is very rare for this to happen. Once a consent order has been obtained, the financial ties between a couple are broken and the ability to make financial claims is no longer possible.
Changing a divorce settlement is an extremely complex area of law and legal advice should be sought.
As always, it’s highly advisable to seek independent legal advice regarding your divorce settlement. Speaking with a solicitor experienced in this area of law, such as Austin Kemp, as early on as possible in the process, can help you to understand your rights with regards to the divorce settlement and build solid foundations on which to begin negotiations with your spouse.
Although it is important to understand how the courts could divide your assets upon divorce should they be asked to do so, court should usually be viewed as a last resort.
Asking a court to decide your financial settlement following your marriage breakdown can be both costly and time-consuming.
Reaching an agreement with your spouse may not only save you time and money, but it could also help you to avoid the conflict which can often stem from confronting each other in a court scenario.
If you are unable to reach an agreement with your spouse about who should get what, there are other options that you could consider before involving the courts, including mediation and collaborative law.
It’s highly advisable to get independent legal advice from a solicitor following a marriage breakdown, before entering into negotiations with your spouse. This way, you should fully understand your rights – and have an idea of what a fair division of your assets in the eyes of the law may look like – before you begin discussions.
If you do reach an agreement with your spouse, you may want to get your arrangement made into a legally binding court order. A divorce solicitor should be able to advise you on how to go about this.
The weeks and months following a marriage breakdown can be challenging. Seeking legal advice early on, can help you to understand what to expect, so you can start planning for the future.
Dividing assets during a divorce is difficult enough. However, we’re regularly asked whether the assets that my spouse has transferred over to a family member will be included in our financial settlement.
Reaching a financial settlement can often be one of the most difficult parts of the divorce process. But what happens if your spouse has transferred assets over to a family member, either before or during your divorce? We take a closer look at the possible implication
The family courts can, under the Matrimonial Causes Act 1973, review the transfer (or disposition) unless “it was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of the other party to defeat the applicant’s claim for financial relief”.
In the end, the courts can, unless these criteria are satisfied, choose to set aside the transfer.
This is a very complex area of law, so expert legal advice tailored to your individual circumstances is highly recommended.
If you are concerned that your spouse is about to transfer assets to a family member (or any other third party), then it is essential to seek legal advice as soon as possible. In this situation, it could be necessary to ask a court to prevent the transfer taking place.
It is essential to act quickly in this situation, as it may be more difficult to transfer assets back than to prevent them from being transferred in the first place.
It’s essential for both parties to fully disclose their assets as part of a financial settlement. Not fully disclosing assets on a Form E could result in criminal proceedings being brought against the party in question.
Penalties can be severe for those who are found to have hidden assets. Hiding assets could result in a less favourable financial settlement for the spouse who is found to have done this, or they could even have to pay their spouse’s legal costs.
Learn more about hiding money in a divorce and the penalties.
In a recent judgement, the judge said: “An automatic or blind application of a 50/50 split in every case can only be an impermissible judicial gloss on the statute, which expressly requires the court to consider all the circumstances of the case.”
However, every case’s circumstances are different and if you are worried about what this may mean for your divorce, seeking legal advice as to your situation is essential.
Bonuses on divorce can be a tricky subject. It is not unusual to have some sort of bonus payment contained in an employment contract. These can take the form of anything from performance-related bonuses (such as hitting a specified yearly target), to bonuses paid on the basis of how long the person has been employed by a company.
We are regularly asked about bonuses on divorce and how this is treated during any settlement. When bonuses are discretionary (i.e. when they are not necessarily paid out every single year or month), this can cause complications when it comes to financial settlements, quite simply because earnings could vary significantly from one year to the next. Unsurprisingly, this can often make negotiations surrounding maintenance difficult.
Back in April 2018, a case hit the headlines when a woman lost her legal battle for a share of the money her husband made after their marriage had broken down.
The case, heard by the Court of Appeal, was an appeal of a final financial remedy order made by the Central Family Court. In this case, the majority of the husband’s income was made up of discretionary bonuses.
At this appeal, the wife argued that her husband’s earning capacity was indeed capable of being a matrimonial asset and, as such, the sharing principle should be applied and it should be divided, as happens with other marital assets.
Additionally, she argued that she should not have to use her capital to meet her income needs when her husband would be able to meet these needs from his earnings.
The wife ultimately wanted 35% of her husband’s net bonuses until 2019,:her appeal was dismissed by the Court of Appeal.
Our expert family law solicitors can help you with a range of legal issues relating to getting a divorce, including:
For more information on diciding assets, call our divorce solicitors on 0845 862 5001 or email firstname.lastname@example.org.
Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings/conferences as and when required in:
Please contact us for more details.