2 wedding rings on a table with a divorce paper behind

How a Solicitor can Help in Negotiating a Financial Settlement in Your Divorce

A fair financial settlement is one of the most crucial aspects of a divorce. As specialist divorce solicitors, Mullins Treacy LLP will provide the legal expertise to ensures that financial agreements are legally sound, fair, and protect your long-term financial security.

We will provide expert advice on asset division, debt allocation, maintenance payments, and tax implications, helping you avoid financial hardship or unfair settlements. Here is an overview of how we can help:

1. Ensuring Full Financial Disclosure

At Mullins Treacy LLP, we will ensure that both parties provide accurate and complete financial information, which is critical for a fair settlement. This includes:

Income & Earnings (salaries, bonuses, self-employment income)
Property & Assets (family home, rental properties, savings, and investments)
Pensions & Retirement Funds (private and state pensions)
Debts & Liabilities (mortgages, loans, credit cards, and business debts)

Without full disclosure, hidden assets or undisclosed debts could lead to an unfair settlement. Our team can apply for court orders to investigate financial discrepancies.

2. Negotiating the Division of Assets

Our solicitors will ensure that marital assets are divided equitably, considering financial contributions, future needs, and legal entitlements.

Family Home & Mortgage

Deciding whether to sell, transfer ownership, or retain joint ownership.
Negotiating who remains responsible for mortgage repayments.
Applying for a Property Adjustment Order (PAO) if necessary.

Pensions & Retirement Savings

Securing a Pension Adjustment Order (PAO) to divide pension benefits fairly.
Advising on tax-efficient pension distribution to avoid penalties.

Business & Investments

Ensuring a fair valuation of business assets if one spouse owns a company.
Negotiating the equitable division of stocks, shares, and other investments.

We will ensure that settlements are structured to protect your financial future.

3. Securing Spousal & Child Maintenance

Financial security after divorce may depend on maintenance payments. Our team will help negotiate:

Spousal Maintenance – Ongoing or lump-sum support for a financially dependent spouse.
Child Maintenance – Contributions toward children’s education, medical care, and daily expenses. This is legally required for dependent children under 18 (or 23 if in full-time education).
Lump-Sum Settlements – Instead of ongoing payments, a one-time financial agreement may be arranged.

We will ensure maintenance agreements are legally enforceable to prevent future disputes.

4. Protecting Against Financial Risks & Tax Implications

Divorce settlements have tax and legal consequences, which our solicitors help navigate:

Stamp Duty & Capital Gains Tax (CGT) – Ensuring tax-efficient property and asset transfers.
Debt Allocation – Preventing one party from being unfairly burdened with joint debts.
Inheritance & Estate Planning – Updating wills and financial plans to reflect the divorce.
Clean Break Orders – Preventing future financial claims between former spouses. A Clean Break Order can prevent either spouse from making future financial claims after divorce.

Without legal guidance, you could face unexpected tax bills, debt liability, or future financial claims.

5. Avoiding Costly Legal Disputes

At Mullins Treacy LLP, we will help prevent future financial disagreements by:

Drafting legally binding agreements for asset division and maintenance.
Ensuring compliance with Irish family law to protect your financial rights.
Resolving disputes through mediation, negotiation, or court representation if necessary.

Without proper legal representation, financial disputes may arise even years after the divorce is finalised.

Final Thoughts

A divorce solicitor is essential to secure a fair financial settlement, avoid future legal disputes, and protect financial security. Without legal guidance, one party could be at risk of losing assets, overpaying debt, or facing unforeseen tax burdens.

In summary, At Mullins Treacy LLP Solicitors we will help to:

Ensure complete financial disclosure
Negotiate fair asset and debt division
Secure spousal and child maintenance agreements
Minimise tax liabilities and financial risks
Draft legally binding settlements to prevent future disputes

Get in touch with Mullins Treacy LLP Solicitors today to see how we can help in negotiating a financial settlement in your divorce case.

Call us on 051 391 488 or email reception@mullinstreacy.ie for a no obligation enquiry.

Before you go…

It’s not just probate we specialise in! We can also help you with:

Property Transactions
Personal Injury
Medical Negligence
Wills
Powers of Attorney
Family Law