Divorce can feel daunting, not only emotionally but financially. One of the biggest concerns people have is how they will manage their money and secure their future once the marriage has ended. The process can seem complicated, and it often is, but the right advice at the right time makes all the difference.
Start with a clear picture
Before you can begin to think about what a fair outcome might look like, you need to know what you are working with. Mark Studdart, a Partner in the Family Team at Gordons Partnership, advises that “a spouse needs to know what they own, what the other party owns and what is the sum total of the family wealth….sometimes parties don’t really understand what they’ve got, and that might be because one party controlled the family finances and restricted information or it may be that they just really just don’t fully understand the financial products they’ve got. So my recommendation is to take legal and financial advice early”.
Why early advice matters
Taking legal and financial advice early is crucial. Searching the internet may give you a starting point, but it will rarely provide the detail or judgment needed for your specific situation. Mark explains that “Family lawyers offer experience and judgment. We should know how the courts work, what arguments are good arguments and what arguments are worth running. We can give proportionate and sensible advice as to what a fair outcome might look like and give suggestions about financial considerations that may never have occurred to some people”.
This advice is not about pushing clients towards a single answer. It is about helping them to see the range of possible outcomes and identify what is most important to them. With proportionate and sensible guidance, clients can reflect on their own needs and long-term aims with greater confidence.
Avoiding common pitfalls
It is common for people to come into a first meeting thinking they already have an agreement. They may have decided to sell the house and split the proceeds without considering pensions, savings, or future income needs.
But once the figures are worked through, the reality often looks different. Living separately costs more than living together, and what seemed workable at first may turn out to be unsustainable. Mark notes that in many cases this process can be “a real eye-opener”. Clients sometimes realise they need to renegotiate their agreement because they have not factored in the full picture.
It’s not just about “rights”
As Mark states “People frequently talk about their rights and often it’s not really about rights, it’s more about their options to achieve a fair outcome”. The court’s role is to achieve fairness between the parties, and there may be several ways of reaching that point.
Thinking in terms of options rather than fixed entitlements (such a particular percentage of the assets) can help clients approach negotiations more constructively. It allows for creative solutions that meet both parties’ financial needs without unnecessary conflict.
The role of the lawyer
Lawyers do not make decisions for their clients. As Mark put it, “at the end of the day we as solicitors only give advice, you the client make the decisions and instruct us how to go about achieving the best result for you and your family.”
That distinction matters. Good legal advice gives clients the tools and information they need, but it does not remove their control. The client decides what matters most, and the lawyer provides the framework to help achieve it.
Building confidence in uncertain times
Divorce is a time of change, and uncertainty can be unsettling. By seeking advice early, gathering a clear picture of the finances, and being open to realistic options, clients can move forward with greater clarity and confidence.
The process may not be easy, but it does not have to be overwhelming. With guidance, people can understand their choices, avoid costly mistakes, and focus on building a secure future for themselves and their families.
About the Author
Partner
Tel: 01483 451 900
Email: Mark@gordonsols.co.uk