How To Challenge An Unfair Divorce Settlement

Summary

Financial settlements when you get divorced should be fair to both parties. Unfortunately, this isn’t always the case and it’s not uncommon for one person to feel like they’ve been treated unfairly during the divorce process. This can add to feelings of stress, anxiety and even helplessness you might already be experiencing, and you might feel at sea when it comes to what your next steps should be. But it's important to know that you do have options if you feel a divorce settlement doesn't meet your needs in regards to your situation, and getting legal advice on the situation can help you understand how to best get what you're entitled to during divorce proceedings. You can challenge a divorce settlement by filing a financial order. When you do this, you are officially saying you don’t think the settlement is fair and asking the Court to decide how your assets will be split. Before you do this, however, you may want to consider trying to renegotiate the settlement if it has not yet been solidified as a consent order. This might be achieved through mediation or communication through your divorce lawyers. Challenging a divorce settlement as unfair can be a lengthy and costly.

Key information

• •Gets more money and/or assets than the other person (unequal distribution);
• •Needs financial support like child maintenance and they don’t get enough to cover their needs;
• •Tries to hide their assets so they don’t have to share them;
• •Has more say or control in the negotiations, and the other person feels pressured into agreeing;
• •Doesn’t have a divorce lawyer to help them during the process.
• •Looking at your situation and understanding if the settlement is unfair based on the law;
• •Acting as your advocate in court, representing your interests and arguing on your behalf to ensure you get a fair deal;
• •Negotiating with the other party or their solicitor to try and reach an agreement which is fair;
• •Gathering evidence to support that the settlement is unfair through misrepresentation or coercion;
• •If negotiations fail and your case goes to court, a lawyer will present your case and make legal arguments to convince the judge of the unfairness of the settlement.
• •Financial settlements when you get divorced should be fair to both parties. Unfortunately, this isn’t always the case and it’s not uncommon for one person to feel like they’ve been treated unfairly during the divorce process.
• •This can add to feelings of stress, anxiety and even helplessness you might already be experiencing, and you might feel at sea when it comes to what your next steps should be. But it's important to know that you do have options if you feel a divorce settlement doesn't meet your needs in regards to your situation, and getting legal advice on the situation can help you understand how to best get what you're entitled to during divorce proceedings.

Practical guidance

• •Source: [How To Challenge An Unfair Divorce Settlement](https://lawhive.co.uk/knowledge-hub/divorce/how-to-challenge-unfair-divorce-settlement)

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