Financial settlements on divorce in Leicester
How money, property and pensions are divided when a marriage ends, why a consent order matters, and when to get a family solicitor involved.
Last updated 26 September 2026. General information about the law in England and Wales, not legal advice on your situation.
Dividing money and property is usually the most important, and most contested, part of a separation. It runs alongside the divorce but is a separate process.
How it works
Both of you give full financial disclosure: property, savings, investments, pensions, business interests, income and debts. Without full disclosure, any agreement can later be challenged. You then negotiate, through mediation, solicitors or both, and turn what you agree into a consent order for the court to approve.
If you can’t agree, either of you can apply to the court. The court then follows a set timetable with hearings aimed at getting you to settle, and a final hearing if you don’t.
What the court looks at
The court considers a list of factors set out in the Matrimonial Causes Act 1973: each person’s income and earning capacity, assets, needs, the standard of living during the marriage, ages and the length of the marriage, contributions (including looking after the home and children), and in rare cases conduct. The welfare of any children under 18 comes first.
Why a consent order matters even if you agree
People who reach an informal agreement and don’t get it approved by the court can find, years later, that their former spouse can still bring a claim. A consent order with a clean break closes that door where the circumstances allow it.
Unmarried couples
None of this applies if you weren’t married or in a civil partnership. For cohabiting couples, disputes over a shared home usually turn on property and trust law, which is different and often less generous to the financially weaker partner.
Costs
Drafting a consent order where everything is agreed is often offered for a fixed fee. Negotiating a settlement, or going to court, is usually charged by the hour, and a contested financial case can be expensive, which is one reason most settle.
Common questions
Is it always a 50/50 split?
No. Equal sharing is often the starting point for assets built up during the marriage, but the court looks at needs, especially housing for any children, and at all the circumstances. Many outcomes are not equal.
What is a consent order?
A court order recording what you've agreed about money and property. Once approved by a judge it's legally binding and can include a 'clean break', ending future financial claims between you.
What happens to pensions?
Pensions can be shared, offset against other assets, or in some cases earmarked. A pension sharing order is common. Pensions are easy to overlook and are often worth more than people think, so they need proper valuation.
What if we can't agree?
Options include mediation, solicitor negotiation, arbitration, or applying to the court for a financial remedy order. Before applying to court you'll usually need to attend a mediation information meeting (MIAM).
Family solicitors in Leicester
102 firms in Leicester and Leicestershire list family as an area of work on the SRA register. See all 102
458 Law
38 Market Street, Leicester LE1 6DP · part of a 12-office firm
AA Grewal and Aggarwal Solicitors
72 Nottingham Road, Leicester LE5 4GH · 2 local offices
Advantage Law Incorporating David Bendell & Co
Catherine House, Hinckley LE10 0JT · part of a 6-office firm
AGR Law
20 Millstone Lane, Leicester LE1 5JN · part of a 2-office firm
Allsop Durn LLP
Unit 2, Grange Farm Business Park, Coalville LE67 2BT · part of a 3-office firm
Andrew Isaacs Law Limited
Pera Business Park, Melton Mowbray LE13 0PB · part of a 9-office firm
Argyles
19 The Point, Market Harborough LE16 7QU · part of a 7-office firm
Atterbury Payne Solicitors
Pera Business Park, Melton Mowbray LE13 0PB