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Going through a divorce or civil partnership dissolution is never just about ending a relationship it also means making big decisions about your home and financial security. One of the key tools the family court can use to help reach a fair outcome is a property adjustment order.

It can feel overwhelming when trying to find the right information that relates to your situation, so our team of experts have come together to explain what a property adjustment order is, when it’s used, how the court decides what’s fair, and how our family law team in Nuneaton can support you through the process.

What is a property adjustment order?

A property adjustment order is a court order that the family court can make during divorce or civil partnership dissolution. This order decides what happens to property, most often the family home.

Under section 24 of the Matrimonial Causes Act 1973, the court has power to transfer, sell or otherwise adjust the ownership and occupation of property between spouses, to help achieve a fair financial settlement.

In practical terms, a property adjustment order might:

• Transfer the family home from joint names into one person’s sole name. 
• Order the sale of a property and set out how the proceeds will be divided. 
• Give one party the right to stay in the home with the children for a set period. 

Similar powers exist for civil partners under the Civil Partnership Act 2004.

A property adjustment order is usually just one part of a wider financial order dealing with all of the assets which is not something the court looks at in isolation.

When is a property adjustment order used?

A property adjustment order is commonly used where:

• A couple cannot agree who should live in the family home after separation. 
• One person wants to keep the home, but the other wants it sold so they can receive their share. 
• There are multiple properties, for example buy-to-let properties or a holiday home that need to be divided. Stowe Family Law+2Tollers Solicitors+2 

It can also be important where only one spouse’s name is on the legal title, but the other spouse has contributed financially or needs housing security – especially where there are children involved.

Many couples reach an agreement about property with the help of solicitors or mediation. That agreement is then turned into a consent order and approved by the court. The consent order will often contain the property adjustment order alongside other financial provisions.

What can a property adjustment order do?

The court has a wide discretion. A property adjustment order can:

1. Transfer ownership

The court can order that a property is transferred:

• From joint names to one spouse. 
• From one spouse to the other. 
• To or for the benefit of a child of the family (in limited situations).

Often, the person taking on the property will also take over the mortgage, sometimes with a lump sum being paid to the other party to reflect their share.

2. Order an immediate sale

Sometimes the fairest solution is to sell the family home and divide the proceeds. A property adjustment order can:

• Direct that the property is sold. 
• Set out how the sale is to be handled. 
• Specify how the net proceeds will be split between the parties. 

3. Defer the sale (Mesher-type orders)

In other cases, the court may decide that the home should not be sold straight away. For example, it might be more appropriate for the main carer to stay in the property with the children until they reach a certain age or finish education.

A property adjustment order can therefore provide for a deferred sale. A deferred sale is a transaction where a portion of the payment is made at a later date, after the initial sale is completed. These types of transactions are written up with detailed terms about:

• Who lives in the property in the meantime. 
• Who pays the mortgage and outgoings. 
• What happens, and how the equity is shared, when the trigger event (such as the youngest child turning 18) 

4. Regulate occupation

The court can also make orders about who has the right to occupy a property for a period of time, sometimes alongside other orders such as occupation orders or non-molestation orders where safety is an issue.

How does the court decide what’s “fair”?

The court doesn’t divide property at random. In England and Wales, judges are guided by the factors set out in section 25 of the Matrimonial Causes Act 1973. These include:

• The income, earning capacity and financial resources of each party. 
• The financial needs, obligations and responsibilities of each party including their housing needs. 
• The standard of living during the marriage. 
• The age of each party and the duration of the marriage. 
• Any physical or mental disability. 
• Contributions made to the welfare of the family, including caring for children. 
• The welfare of any minor children of the family (this is the first consideration). 

The court’s overall aim is to reach a fair outcome. That does not always mean a straight 50/50 split of all assets. Where resources are limited, the housing needs of the children and the primary carer are often a priority.

Where appropriate, the court will also try to achieve a clean break so that, in future, the parties are no longer financially tied to one another. A property adjustment order is one of the tools that helps achieve that.

How do you get a property adjustment order?

In most cases, a property adjustment order will be part of a wider financial order made during the divorce or dissolution process.

The typical steps are:

1. Financial disclosure
   Each party provides full details of their financial position including property, mortgages, savings, debts and pensions usually using Form E. 
2. Negotiation and agreement (if possible)
   With the help of solicitors, mediation or other non-court dispute resolution, many couples are able to agree how their assets, including the family home, should be divided. 
3. Consent order
   Once agreement is reached, a solicitor drafts a consent order setting out the full financial settlement. This may include a property adjustment order (for example, a transfer or sale of the home). The court then considers the draft order on paper. If the judge is satisfied it’s fair, they approve it and it becomes legally binding. 
4. Contested proceedings
   If agreement cannot be reached, either party can apply to the court for a financial remedy order. There will typically be a series of hearings before a final hearing, where a judge decides the outcome including whether to make a property adjustment order and in what terms. 

Because these decisions can affect your housing security and long-term finances, it’s important to take legal advice early rather than waiting until positions are entrenched.

Why timing and a clean break matter

In England and Wales, there is no strict deadline for applying for a financial order after the divorce is finalised. In some situations, people have brought financial claims years after the marriage legally ended, where no order was made at the time.

Without a court-approved order (often a consent order):

• Your ex may still be able to make claims against you in the future. 
• You might also retain the ability to make claims against them. 
• There can be uncertainty about who really owns what, particularly the family home. 

A properly drafted order which may include a property adjustment order and a clean break clause where suitable can close off future claims and give both parties certainty and peace of mind.

Property adjustment orders and other financial orders

It’s helpful to see a property adjustment order in context. It is just one of several types of order the court can make on divorce, which may include:

• Lump sum orders – where one party pays a set amount of money to the other. 
• Spousal maintenance (periodical payments) – ongoing income from one party to the other. 
• Pension sharing or pension attachment orders – dealing with rights in pension schemes. 

A fair financial settlement often involves a combination of these orders, tailored to the family’s particular circumstances.

Common questions about property adjustment orders

Who can apply for a property adjustment order?

Either spouse or civil partner involved in divorce or dissolution proceedings can apply, usually as part of a wider application for financial remedies.

Do we always have to go to court to get a property adjustment order?

Not necessarily. If you can reach an agreement on what should happen to the property, you can ask the court to approve it by way of a consent order. This is usually dealt with on paper, without you having to attend a hearing. But you still need that court order to make your agreement legally binding.

Can a property adjustment order be changed later?

Once a final order is made, changing it is difficult. In most cases, you would either need a new agreement (approved by the court) or grounds to appeal. That’s why it’s vital to get the terms right first time and to understand the long-term consequences.

Does a property adjustment order cover pensions and savings?

No, pensions and certain other assets are usually dealt with using different types of orders, such as pension sharing orders or lump sum orders. However, the court will look at the whole financial picture when deciding whether to make a property adjustment order and on what terms.

What if we’re not married but own a house together?

Property adjustment orders only apply to married couples and civil partners. If you are an unmarried couple who own a property together, your situation will normally be dealt with under different areas of law (such as trusts and property law). Specialist legal advice is essential in those cases.

How Bromfield Legal can help

Deciding what should happen to the family home is often the most stressful part of a separation. At Bromfield Legal, our experienced family law team in Nuneaton advises clients across Warwickshire on divorce, financial settlements and property adjustment orders, providing clear, practical guidance at every step.

We can:

• Explain your rights and options in plain English. 
• Help you negotiate a fair settlement and draft a robust consent order. 
• Represent you in financial remedy proceedings where court involvement is necessary. 

If you’re worried about what will happen to your home or other property during your divorce or civil partnership dissolution, we’re here to help.

Contact Bromfield Legal today on 024 7638 2343 or use the online contact details on our Nuneaton office page to arrange a confidential discussion about your situation.

When navigating a divorce, many couples want to avoid the time, expense, and emotional strain of court. That’s where an out of court divorce settlement becomes a practical and often preferable route. Here’s why you might consider this approach and how the process works in the UK legal landscape.

What Is an Out of Court Divorce Settlement?

An out of court divorce settlement refers to resolving your divorce through Alternative Dispute Resolution (ADR) methods such as mediation, collaborative law, arbitration, or negotiation, instead of relying on court proceedings. These methods empower couples to design their own agreements tailored to their unique needs.

The Steps Involved In An Out of Court Divorce Settlement 

Here’s a typical path to achieving an out of court divorce settlement in the UK:

1. Initial Assessment / MIAM
   Begin with a Mediation Information and Assessment Meeting (MIAM) a mandatory step for many family cases. A mediator will explain available options and determine if mediation is right for your situation.

2. Prepare and Exchange Information
   Both parties gather relevant documentation like finances, property details, pensions, and other assets to allow informed discussions.

3. Engage a Mediator or ADR Professional
   Through mediation, a neutral facilitator guides discussions. In collaborative law, the couple works with a trained team (including lawyers and coaches) under a “participation agreement.” Arbitration involves a retired judge or legal expert issuing a binding decision.
4. Negotiate and Reach an Agreement
   The process continues through structured dialogue or negotiation until both parties reach a fair resolution, often covering finances, property, pensions, and child arrangements.

5. Legal Formalization
   To make the agreement binding, a consent order must be submitted to and approved by the court. Legal advice is essential to ensure terms are enforceable and compliant.

Key Advantages of Choosing an Out of Court Divorce Settlement

• Cost-Effective
  Avoiding court means lower fees. Mediation typically costs significantly less than litigation, while arbitration and collaborative processes, though pricier, remain more economical in the long run. 
• Quicker Resolution
  ADR methods tend to resolve issues faster. The Family Mediation Voucher Scheme, for instance, has helped families resolve matters over 11 weeks faster than court timelines.

• Confidentiality
  Unlike public court proceedings, ADR remains private shielding sensitive details from broader exposure.

• Greater Control & Flexibility
  You and your ex-partner retain decision-making control, allowing outcomes that reflect your circumstances and mutual interests.

• Higher Compliance & Mutuality
  Agreements you actively shape are more likely to be honoured and maintain cooperative relations, especially valuable when children are involved.

• Reduced Emotional Conflict
  ADR encourages constructive communication rather than confrontatio,n easing stress and preserving respectful relationships.

The Role of Professionals (Mediators, Lawyers, ADR Experts)

• Mediators
  Neutral facilitators who guide disputes, not deciding outcomes, help to defuse tensions and foster agreement.

• Lawyer‑Supported Mediation & Collaborative Teams
  These hybrid approaches bring legal guidance into the process. Lawyers can attend sessions, clarify legal implications, and help formalise agreements. In collaborative law, a multidisciplinary team supports a constructive settlement process.

• Arbitrators
  Often, retired judges or senior solicitors, arbitrators hear both sides and render a legally binding decision, providing structure when mediation stalls.

Opting for an out of court divorce settlement is a smart, practical choice for many couples. It offers affordability, speed, flexibility, confidentiality, and better emotional outcomes. With trained professionals mediators, lawyers, or arbitrators you’re supported in crafting fair and binding divorce agreements tailored to your unique situation.

At Bromfield Legal, we’re committed to guiding you through every step from MIAM to formalising a divorce agreementin the  UK in a way that respects your needs, rights, and future. If you’re ready to consider an ADR path, our team is here to help.

When a marriage ends, it’s natural to assume that the finality of a divorce decree signals the end of all associated legal matters. However, the statute of limitations for divorce settlement is a crucial consideration that many overlook, often with costly consequences.

In this article, we’ll explore how timing affects your ability to make financial claims post-divorce, when exceptions apply, and what steps you can take to protect your financial interests.

What Is the Statute of Limitations for Divorce Settlements?

In general legal terms, a statute of limitations is a set time period during which one party can bring a claim against another. In the context of divorce settlements, however, the rules are not always so rigid. In England and Wales, there is no automatic time limit on making a financial claim following divorce, which surprises many people.

This means that even years after a divorce is finalised, one party may still pursue a financial settlement if none was agreed upon or formalised at the time. For example, if no financial consent order was issued by the court, financial ties between the parties remain technically open-ended.

Why Timing Still Matters

Although there is no specific statute that bars late financial claims after divorce, timing plays a vital role in how courts view and handle them. Delayed applications may be viewed less favourably, particularly if the respondent has moved on financially (e.g., remarried, acquired assets, or built businesses).

Courts will consider:

• The length of time since the divorce

• Changes in financial circumstances

• Whether either party has suffered prejudice due to the delay

• The reason for the delay

The landmark case of Wyatt v Vince (2015) reaffirmed this principle when the Supreme Court allowed a wife to pursue a financial claim more than 20 years after divorce—simply because no formal financial settlement had been made at the time.

Exceptions and Special Circumstances for Statute of Limitations

While there is flexibility, some exceptions apply. For instance:

• Remarriage of the claimant can bar certain types of claims (like spousal maintenance).

• Clean break orders eliminate future claims once finalised and approved by the court.

• Statutory limitation periods may apply in enforcement cases or in instances involving fraud or non-disclosure.

It’s important to note that although the statute of limitations for divorce settlement does not apply in the traditional sense, delaying formal financial resolution can make it harder to achieve a fair outcome.

How to Protect Your Financial Rights After Divorce

To safeguard your financial future, consider the following steps:

1. Seek a court-approved consent order even if your split is amicable and all financial matters are agreed upon. This legally closes the door to future claims.

2. Don’t delay. Address financial issues as part of your divorce proceedings.

3. Document everything, especially if financial negotiations are ongoing post-divorce.

4. Get legal advice tailored to your specific circumstances—especially in complex cases involving property, pensions, or businesses.

Ultimately, while the statute of limitations for divorce settlement may appear flexible, it’s unwise to leave things to chance or time. Courts still expect parties to resolve their financial affairs within a reasonable timeframe.

Speak to Bromfield Legal

If you’re unsure about your financial rights after divorce or have delayed formalising a settlement, don’t wait any longer. Whether you’re initiating a claim or defending one, it’s crucial to act with clear, strategic legal guidance.

At Bromfield Legal, we specialise in family law and financial settlements. Our experienced solicitors can help you navigate the complexities of divorce law and ensure your interests are protected, no matter how long it’s been since your decree absolute.

Contact us today to arrange a confidential consultation and take the first step towards securing your financial future.

The absence of a rigid statute of limitations for divorce settlement offers flexibility, but also uncertainty. Taking proactive steps with expert legal support ensures you’re not caught off guard by a late claim or miss your opportunity to seek what you’re entitled to.

A prenuptial agreement, commonly referred to as a ‘prenup’, may be a term that we have heard of, but are not necessarily familiar with. There is a lot of potential awkwardness surrounding prenups, particularly as they have garnered a notorious association with divorce, though this is often misconceived. 

However, a prenuptial agreement should not be overlooked—especially as it can be used as a tool for open communication and financial clarity in any soon-to-be marital relationship. If you or your partner are undecided about whether a prenup is necessary, we have compiled a list of the pros and cons of a prenuptial agreement to help you make an informed decision. 

Keep reading to learn more about the benefits (and drawbacks) of a prenup.   

What is a Prenup?

To put it simply, a prenuptial agreement is a contract between the engaged couple that outlines their individual and joint assets and debts, including their rights, responsibilities, and how these assets will be divided should the couple decide to divorce. This is signed before they are legally married.

The Pros of a Prenuptial Agreement

If you’re wondering whether a prenuptial agreement is worth the hassle, here are several advantages to prenups that you may want to consider…

Financial Security

There are a lot of misconceptions about prenups, namely that they are only required for couples with a significant amount of assets and wealth—this is not true. Any couple can opt for a prenuptial agreement, and in modern society, a prenuptial agreement is a must for couples who wish to be financially secure. Prenups can protect both premarital assets and future inheritances—keeping these separate from marital assets. 

Reduced Stress

Should a relationship, unfortunately, end in divorce, a prenuptial agreement can help reduce the stress associated with potential legal disputes regarding assets. Divorce is a stress-inducing situation in itself, but having a prenup already laid out means that you can avoid possible future legal battles. 

Clarity & Transparency

A prenuptial agreement provides couples with the opportunity to better understand each other’s financial situation and expectations, fostering open communication and transparency. With a prenup, couples can clarify various financial aspects of their marriage, including designating assets as separate or joint. Clear communication is key for any marriage—and divorce. 

Business Ownership Considerations

If you or your partner owns a business, a prenuptial agreement can safeguard business interests and assets in the event of a divorce, preventing them from being divided. 

The Cons of a Prenuptial Agreement

On the other hand, there are also several drawbacks to a prenuptial agreement that you should think about…

Emotional Perception 

As previously mentioned, a prenup often has a bad reputation, namely as being a sign of distrust in the relationship. One report has shown that 50% of married couples without a prenup say that they do not have one because they trust their partner. Many believe that a prenup is a preparation for the end of the relationship. 

Cost

A well-drafted prenuptial agreement will incur legal fees, which can be costly. You can expect to spend close to an average of £1,000 to £2,000 just to enforce the prenup—which not many couples are prepared for. 

Complexity

Prenups involve a range of complex legal considerations. A prenuptial agreement will need to be enforceable, but also compliant with UK laws and legislation. With all of its intricacies, you must consult a solicitor for guidance when it comes to drafting a well-drafted prenuptial agreement. 

Seeking Professional Legal Advice for a Prenuptial Agreement

Whether you or your partner is likely to acquire more in a divorce, or you simply wish to clarify marital assets, obtaining a prenuptial agreement can be beneficial in a number of different ways. For modern couples, the benefits of a prenup far outweigh the drawbacks. 

When looking to obtain a prenup, it’s important that you seek professional legal advice from a solicitor, such as ourselves at Bromfield Legal, to identify whether a prenuptial agreement is right for you and your partner. 

Our specialists can provide expert legal advice and assist with drafting prenuptial agreements, making sure that they are tailored to your specific needs. Contact us today to speak to one of our experts—we are always more than happy to assist with any enquiries that you may have.