Sorting out money is often the most stressful part of a divorce. You may be worried about your home, your pension, your income and your future security. The good news is that you can get specialist help directly. This article explains how a Direct Access barrister can assist with divorce finances. Direct Access (also called Public Access) means you can instruct a barrister directly, without going through a solicitor first.
The information below is general and not legal advice about your own case. It is meant to help you understand how the financial side of divorce works and where expert support can make a difference.
Divorce and finances are two separate things
Many people are surprised to learn that ending the marriage and resolving the finances are dealt with separately. The divorce itself legally ends the marriage. The financial side is handled through what are known as financial remedy proceedings. These deal with how assets, income, property, pensions and other resources should be divided or shared.
Because they are separate, finalising the divorce does not automatically settle the money. It is usually wise to resolve the financial matters and put them into a binding order before, or at the same time as, the divorce is concluded. Leaving finances unresolved can create uncertainty and risk later on. A barrister can explain how the timing works in your situation.
What the court looks at in financial remedy cases
There is no rigid formula that splits everything down the middle. Instead, the court considers a range of factors and aims for a fair outcome in all the circumstances. The things commonly taken into account include:
- The assets and capital each of you holds, including the family home.
- Income and earning capacity, now and in the future.
- Pensions, which can be very valuable and are often overlooked.
- The financial needs of each person and any children.
- The standard of living during the marriage and the length of the marriage.
- Contributions made by each party, including caring for the family.
Needs, particularly housing and income needs, are often central, especially where resources are limited. A barrister can give you a realistic view of the range of likely outcomes, which helps you avoid both unrealistic expectations and accepting too little.
How a Direct Access barrister can help
A Direct Access barrister who has completed approved public access training can support you in a number of ways across a financial case. You can instruct one for the whole matter or for specific tasks. A barrister may be able to:
- Advise you early on the likely range of fair outcomes.
- Help you understand and complete financial disclosure.
- Review the other side’s disclosure and identify gaps or concerns.
- Advise on and help draft proposals for settlement.
- Prepare you for negotiation, mediation or court hearings.
- Represent you at hearings and present your case to the judge.
- Draft or check the wording of a financial order or consent order.
Using a barrister for discrete pieces of work can be a cost-effective way to get expert input at the moments that matter most, for example before you agree a settlement or attend a key hearing.
Reaching a binding agreement
Many financial cases are resolved by agreement rather than by a contested final hearing. However, an informal agreement between you and your former spouse is not the same as a binding legal order. To make a settlement final and enforceable, it usually needs to be set out in a financial order approved by the court. Where you have agreed terms, this is often done through a consent order.
A properly drafted order matters. It records exactly what each person will receive and do, and it can help prevent future claims against each other. A barrister can draft a consent order, or check one prepared by the other side, so that it reflects what was actually agreed and is in a form the court is likely to approve. Small errors in wording can have significant consequences, so this is an area where specialist input is valuable.
Is your case suitable for Direct Access?
Barristers are regulated by the Bar Standards Board (BSB), and those offering Direct Access have completed approved public access training. When you first make contact, it helps to give an outline of your finances, the stage you are at, and what you want to achieve. The barrister can then tell you whether your matter is suitable for Direct Access and how the work might be structured.
Some financial cases are straightforward and well suited to working directly with a barrister. Others, particularly those involving complex assets, businesses, trusts or a great deal of ongoing administration and correspondence, may benefit from also having a solicitor involved. A barrister will be honest with you about which approach is likely to serve you best.
Divorce finances can feel daunting, but you do not have to navigate them alone or in the dark. Whether you want a single advice session to understand your position, help with disclosure, or representation through to a final order, a Direct Access barrister can provide focused, expert support and help you move towards a fair and secure outcome.
This article is general information about the law in England and Wales, not legal advice on your individual circumstances. For advice on your matter, instruct a barrister. Barristers are regulated by the Bar Standards Board (BSB).