Divorce & finance FAQs
Divorce & finance questions answered
Q. How much maintenance will I get from my ex?
A. Whether you get spousal maintenance and how much you get depends on various factors, including the length of your marriage, whether or not you are working at the moment, and your age. It is possible in some cases to capitalise a maintenance claim so that it is paid as a lump sum instead of in monthly instalments.
For more details of your likely entitlement to maintenance on divorce, please contact one of our lawyers to arrange a free initial 30 minute consultation on 0800 321 382.
Q. Are money, pensions and the house split 50/50 on divorce?
A. Many factors will need to be considered before a division of assets can be agreed – for example the needs of any children, fairness to both parties, the age of the parties, length of marriage and the ability of the parties to earn in the future.
There is no formula for financial settlements on divorce. Couples may reach an agreement between themselves, they may ask solicitors to negotiate on their behalf or ultimately allow a judge to decide. This really is a specialist area of family law and talking to an experienced family solicitor can really help. Call 0800 321 3832 and explore your options.
Q. What if the marital home is not in my name?
A. It almost certainly makes no difference, provided you’ve been married a while. All the assets of a marriage are considered no matter the name they are in. BUT it is very important that you take advice before you even think about leaving the house as that will affect some important rights. Your divorce solicitor can protect them easily and cheaply by registering a notice against the deeds. Call 0800 321 3832 and speak to one of our divorce solicitors if you are worried about this.
Q. Can I change the locks?
A. We hate to say “it depends” but, sorry, in this case it really does! The general rule is that you should not change the locks on a jointly owned property as you are both entitled to have access. That said, we’d certainly encourage you to do anything needed to protect yourself, your children and your property so if there is a genuine reason to be concerned about this, then do change the locks but talk to a solicitor first.
Q. My ex has a new partner, do I have to keep paying maintenance?
A. Yes, unless you have a formal Agreement or Court Order which says you can stop. It can often be a case of needing to prove they are living together i.e. sharing their finances so be careful how you proceed. Take advantage of our free 30 minute telephone consultation to explore your options.