Financial Settlements and Orders
At Talbot Walker LLP, we understand that resolving financial matters including a divorce, judicial separation or civil partnership dissolution is often one of the most important – and sensitive – steps in securing your future. Our expert family law team is here to guide you through the process with clarity, discretion and confidence.
A final Financial Order cannot take effect until after Decree Nisi, Judicial Separation or Civil Partnership Dissolution but you do not have to wait until then to resolve financial issues.
Please contact us to find out how we can assist you in coming to a financial settlement.
When can financial orders be made?
- While financial issues can be negotiated and agreed at any stage, a final Financial Order can only take legal effect after the court has granted a:
- Conditional Order (formerly Decree Nisi) in divorce.
- Judicial Separation Order.
- Civil Partnership Dissolution Order.
- You do not need to wait until the final order (formerly Decree Absolute) to begin resolving financial matters.
Types of Financial Orders:
- The court has wide discretion under the Matrimonial Causes Act 1973 and Civil Partnership Act 2004 to make one or more of the following orders:
- Maintenance Pending Suit: Temporary financial support while proceedings are ongoing.
- Periodical Payments: Regular payments for spousal or civil partner support.
- Lump Sum Orders: One-off payments to redistribute assets or settle claims.
- Property Adjustment Orders: Transfer or sale of property between parties.
- Orders for Sale: Requiring the sale of property to release equity.
- Pension Sharing or Attachment Orders: Dividing pension assets fairly.
Clean Break Orders:
- Where appropriate, the court may order a clean break, meaning:
- No ongoing financial obligations between parties.
- No future claims can be made against each other.
- However, clean breaks do not apply to child maintenance, which remains a separate and ongoing obligation.
Legal Developments in 2025:
- Recent reforms and case law have begun to reshape the landscape of financial remedies:
- The Law Commission’s 2024 Scoping Report proposes models for reform, including codifying principles of fairness, needs, and compensation.
- Courts continue to apply the sharing, needs, and compensation principles, but with growing emphasis on transparency and predictability.
- Judges now consider nuptial agreements, serious misconduct (e.g. domestic abuse), and pension division with greater scrutiny.
- These changes aim to reduce uncertainty and promote more consistent outcomes, especially for families navigating complex financial situations.
Contact us today:
- Whether you’re seeking a negotiated settlement or require court intervention, our team is ready to help you reach a fair and secure financial resolution. We offer fixed-fee consultations and bespoke advice tailored to your circumstances.
