In Northern Ireland, you must appear in court in person when you divorce although you can appear as a “personal petitioner”, without needing a solicitor. So who gets what in a divorce settlement? You can also add in any clauses for child or spousal maintenance at the same time. Or the value of your ex’s pensions could be offset against your own retirement savings, or other assets such as the family home. If you are struggling to reach a financial settlement, you can use an independent mediator to try to find a way forward. Why you got a divorce does not normally affect the financial settlement. The court will depart from equality, most often to make allowances for the care of children and/or to meet the needs of one of the parties. You will probably have to attend court a number of times for hearings and the whole process may take much longer than if you had come to an amicable agreement. Even the most amicable of splits can turn into long, drawn-out affairs with arguments over who gets what. What you think is fair may not be what will legally happen. Visit our services page on short marriage divorce to obtain further professional and always discreet legal advice. Divorce and separation Find out how to manage your money and divide up what you own when going through divorce or separation. Richard Nelson LLP has a specialist team of divorce lawyers experienced in navigating these waters. You will need to agree how each policy will be dealt with. Property and the family home, any business assets, pensions and investments are just a few of the things that will be taken into account. There are also arguments that can be deployed to show that one party to the marriage made a ‘special contribution’ or a ‘salary sacrifice’ that can convince a judge that one party should be left with a majority of the assets following a divorce. Whereas two young people with no children could just walk away with whatever they brought into the marriage. The court may feel a wife or husband in his or her fifties or sixties, who has been a homemaker since marriage, is unlikely to find work to support him- or herself after the split. Divorce Financial Settlement: What Are You Entitled To? The financial assets that were acquired before or after the marriage are considered a non-matrimonial asset, and are usually protected by a pre-nuptial agreement, if one is in place. No one gets married or enters a civil partnership expecting it to end, but for almost half of us, that is the reality. Divorcing couples can spend a lot of effort in determining the pie that is to be shared. The Money Advice Service (MAS) offers a divorce settlement calculator but it does make a lot of assumptions and we would urge extreme caution if using a tool like this. In Scotland, the law is different as you can’t make a claim for financial provision after divorce.). Have a think about how you’d like certain assets to be dealt with. What am I entitled to in a divorce settlement? Parties divorcing after a long marriage face particular issues. The situation is different in Scotland where a DIY divorce, called a “simplified” divorce or dissolution, is set out in law and is only open for certain cases. Alternatively, find out more about our divorce law services. The judge will have the final say, though. Divorce doesn’t just come with an emotional cost but quite often a significant financial one too. For more information read our article How to calculate a fair financial settlement on divorce. Receive regular articles and guides from our experts to help you make smarter financial decisions. Will you continue to pay the premiums? 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