Financial Provision Solicitors in London
Spousal maintenance, pension sharing, lump sum and property orders: clear advice on what you are entitled to, or what you may have to pay, when your marriage or civil partnership ends.
What Does Financial Provision Mean in a Divorce?
Financial provision is the umbrella term for the orders a court can make to divide money, property and pensions, and to provide ongoing maintenance, when a marriage or civil partnership ends. Adam Bernard Solicitors’ financial provision solicitors advise on spousal maintenance, pension sharing, lump sum and property adjustment orders from our offices in High Holborn (Central London) and Upton Park (East London), and by video for clients across London and abroad.
These orders are made under Part II of the Matrimonial Causes Act 1973 and are sometimes called “financial remedy” orders. Getting divorced does not end your financial claims against each other. Unless a court order deals with them, claims can stay open for years, which is why both an agreed settlement and a contested case should end in a sealed court order. GOV.UK explains the options for agreeing your finances or asking the court to decide.
For the step-by-step court process, including Form A, Form E disclosure and hearings, see our divorce financial settlement solicitors page.
Which Divorce Solicitors Advise on Pension Sharing and Spousal Maintenance?
Adam Bernard Solicitors advises on both pension sharing and spousal maintenance as part of every financial settlement, because pensions and future income are often worth more than the family home.
Before advising on the orders you should ask for, we look at the full picture:
- The family home and any other property
- Savings, investments and debts
- Workplace and private pensions
- Business interests and company shares
- Each person’s income and earning capacity
- Housing and care needs for any children
Types of Financial Orders the Court Can Make
Spousal maintenance (periodical payments)
Spousal maintenance is a regular payment from one spouse to the other towards living costs, ordered where one party cannot meet their reasonable needs from their own income. GOV.UK confirms payments can last for a fixed period, or until either of you dies, or the person receiving them remarries or forms a new civil partnership.
- Maintenance can be varied if circumstances change significantly, for example job loss or a large pay rise (section 31, MCA 1973).
- The court must consider whether a clean break is possible, ending ongoing financial ties as soon as it is fair to do so (section 25A).
- Child maintenance is separate and is usually arranged through the Child Maintenance Service.
We act for both payers and recipients, including where income comes from self-employment, rental property or a company you or your spouse controls.
Pension sharing orders
A pension sharing order transfers a percentage of one spouse’s pension into a pension in the other spouse’s name, giving each a clean, separate fund. It is made under section 24B of the Matrimonial Causes Act 1973 and put into effect by the pension provider using a pension sharing annex (Form P1).
Pensions are often the most overlooked asset in a divorce. Two pensions with similar cash values can provide very different retirement incomes, so we often recommend an expert pension report before agreeing a split. The alternatives are:
- Pension attachment order: part of the pension income or lump sum is paid to the other spouse when it comes into payment (section 25B).
- Offsetting: one spouse keeps the pension and the other receives a larger share of other assets, such as the home.
Lump sum orders
A lump sum order requires one spouse to pay the other a fixed amount of money, either at once or in instalments (section 23). Lump sums are often used to balance the division of assets or to replace ongoing maintenance as part of a clean break.
Property adjustment orders and orders for sale
A property adjustment order transfers property, usually the family home, from one spouse to the other, whoever’s name it is in (section 24). The court can also order a property to be sold and the proceeds divided (section 24A), or delay a sale until the youngest child finishes education.
For more on how the home is usually dealt with, read our guide: how is a house split in a divorce in the UK?
How Does the Court Decide What Is Fair? (Section 25 Factors)
The court must consider all the circumstances, giving first consideration to the welfare of any child of the family under 18, and then the factors in section 25(2) of the Matrimonial Causes Act 1973:
- Income, earning capacity and resources: now and in the foreseeable future, including bonuses and business interests.
- Financial needs, obligations and responsibilities: housing for each party and the children, debts and living costs.
- Standard of living: the family’s standard of living before the marriage broke down.
- Age and length of the marriage: short marriages are often treated differently from long ones.
- Disability: any physical or mental disability that affects a party’s needs.
- Contributions: homemaking and childcare count equally with earning.
- Conduct: only where it would be unfair to ignore it, which is rare.
- Benefits lost: usually pension rights lost because of the divorce.
Is it always a 50/50 split? No. Equal sharing of matrimonial assets is the usual starting point, but the outcome is often adjusted, most commonly so the parent caring for the children can be rehoused, or where significant assets were brought into the marriage, inherited or built up after separation. A prenuptial agreement or post-nuptial agreement can also carry significant weight if it was entered into fairly.
For worked examples, see dividing assets in divorce: who gets what in the UK.
Complex and High-Value Assets
Where finances involve a business, property portfolio, trusts, overseas assets or substantial pensions, the main risks are valuation and non-disclosure.
We work with forensic accountants, valuers and pension experts to establish what the assets are actually worth, and we take action where we suspect assets are being hidden or moved. Read more in our guide to uncovering hidden assets in divorce.
Financial Provision After an Overseas Divorce
If you were divorced abroad, you may still be able to apply for financial provision in England and Wales under Part III of the Matrimonial and Family Proceedings Act 1984.
You need the court’s permission first, and the court must have jurisdiction. For example, either spouse is domiciled in England and Wales, has been habitually resident here for a year, or there is a former matrimonial home in England or Wales.
This matters where a foreign divorce left you with little or nothing, or where your spouse owns property here. Take advice quickly, especially before any property is sold.
Agreement or Court: How Financial Provision Is Resolved
Most financial cases settle without a final hearing. The usual routes are:
- Agreement, then a consent order. If you agree, the terms are set out in a consent order and sent to the court for a judge to approve. The court fee is £62 (GOV.UK).
- Mediation. You must normally attend a mediation information meeting (MIAM) before applying to court, unless an exemption such as domestic abuse applies (GOV.UK).
- Asking the court to decide. The application costs £321. The first appointment is usually 12 to 14 weeks after you apply, followed by a financial dispute resolution (FDR) appointment and, if needed, a final hearing (GOV.UK).
You can apply once the conditional order has been made, and it is usually simpler to resolve finances before the final order. Our divorce and finance page explains each stage, including Form E disclosure, and our divorce solicitors handle the divorce itself.
Court fees correct as of 13 October 2026. You may qualify for help with court fees.
Tax and Timing: Two Things People Miss
- Capital Gains Tax: since 6 April 2023, separating spouses and civil partners have up to three tax years after the tax year they stop living together to transfer assets on a “no gain, no loss” basis, and there is no time limit for transfers made under a formal divorce agreement (GOV.UK / HMRC).
- Remarriage: if you remarry before making your own financial claim, you may lose the right to apply for most orders (section 28(3), MCA 1973). Get advice before you remarry.
Who Pays the Legal Costs?
In financial remedy proceedings each party normally pays their own legal costs, even if the outcome favours them. The court can make a costs order where one party behaves unreasonably, for example by failing to give full financial disclosure.
We give you a costs estimate at each stage and aim to settle early where that is in your interests.
Why Choose Adam Bernard Solicitors for Financial Provision?
- SRA-regulated solicitors listed on the Law Society’s Find a Solicitor directory
- 15 years’ experience and more than 15,000 clients helped across our practice areas
- Two London offices, in High Holborn and Upton Park, plus video consultations by Zoom, Teams, WhatsApp or Skype for clients elsewhere in London and overseas
- Free initial consultation and a 24/7 phone line: 0207 100 2525
- Joined-up family advice, including child arrangements and cohabitation agreements
Related services: Divorce and Finance | Prenuptial Agreements | Family Law Services
Book a free consultation with our family finance solicitors today.
This page is for general information only and does not constitute legal advice.
Frequently Asked Questions
What is financial provision in a divorce?
Can I get spousal maintenance in the UK?
How are pensions split in a divorce?
Is the split always 50/50?
How much does it cost to apply for a financial order?
Can I make a financial claim after an overseas divorce?
Do I need a court order if we agree on finances?
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