Is It Always 50/50? Negotiating Financial Settlements Upon Divorce

Decision-making during the divorce process can be tough, particularly when it comes to financial matters. We understand the importance of reaching a fair financial settlement which considers the unique circumstances of each individual. Here is how we can assist you in navigating this process.

Is It Always 50/50?

In many cases, the starting point for dividing assets in a divorce is indeed an equal split. However, this does not mean that every settlement will end up being divided as such. Several factors may influence the overall decision which include (not an exhaustive list):

1. Income, Earning Capacity, Property and other financial resources which each has or will have: The court will consider all available assets in the first instance to see how a fair and equitable division can be reached
2. Contributions to the Marriage: The court will consider each spouse's contributions to the marriage, including income, assets brought into the marriage, and contributions to the household. This can include both financial and non-financial contributions, such as caring for children or managing the household.
3. Future Needs: The court will also take into account the future needs of each spouse. If one spouse has significantly greater needs than the other, the court may adjust the division of assets accordingly to ensure both parties can maintain a reasonable standard of living post-divorce.
4. Fairness and Equality: Ultimately, the goal of the court is to achieve a fair and equitable outcome for both parties. This may not always mean an absolute equal split of the assets.

How Aticus Law Can Help

1. Legal Advice: Our team of experienced family law solicitors can provide you with expert legal advice on your rights and entitlements in relation to financial settlements. We shall take the time to understand your individual circumstances and help you navigate the complexities of divorce law.
2. Negotiation: We can assist you in negotiating a fair financial settlement with your spouse or their legal representatives. Our goal is to negotiate a settlement which meets your needs and protects your interests.
3. Court Representation: If an agreement cannot be reached through negotiation, we can represent you in court proceedings to ensure your voice is heard. Our team will advocate vigorously on your behalf to achieve the best possible outcome.

Why Choose Aticus Law?

• Personalised Approach: We understand that every divorce is unique. We tailor our approach to meet your specific needs and objectives. Our team will work closely with you to develop a strategy which aligns with your goals and priorities.
• Expertise in Divorce Law: With our extensive knowledge and experience in divorce law, we can provide you with the guidance and representation you need to navigate this challenging time. We shall explain the legal process in plain language and empower you to make informed decisions about your future.
• Compassionate Support: We recognise that divorce can be emotionally challenging. We are here to offer you compassionate support every step of the way. Our team will listen to your concerns, answer your questions, and provide you with the reassurance and guidance you need to move forward.

Conclusion

While an equal division might be the starting point for dividing assets in a divorce, it is not always the end result. We are here to help you negotiate a fair financial settlement. We'll take into account your individual circumstances and priorities. Contact us today to schedule an initial free consultation and take the first step towards achieving a positive outcome in your divorce proceedings.