There are few hard and fast rules regarding your financial rights in the breakdown of a relationship.

The financial split can be affected by many factors, including the age of those involved, the length of the relationship, and the needs of each party and any children, and will routinely address income, property and savings.

But pensions can often be forgotten despite possibly being the second most significant capital asset in a marriage.

The problem is that pensions can be complex and confusing at the best of times, and it is simply easier to gloss over – figures suggest just eight per cent of divorce settlements fully consider the value of the pension.

“The issues can be very complex but the values involved, particularly for those working in the public sector, civil servants and those with military pensions, can be very high,” said Karen Agnew-Griffith, of Woolley & Co. solicitors.

“What this means is that the details must be thoroughly scrutinised by an experienced family law expert and, in some cases, an expert or a pension actuary brought in to help.

“Frequently, one person has a substantial pension while the other might have none or a very limited pension provision because, for example, they have given up their job to look after the children.

“If the marriage fails, there is no automatic entitlement to a spouse's private or occupational pension. In addition, there are rules which allow one divorced spouse to take National Insurance contributions from the other to make up deficiencies in their basic state pension.”

One of the most difficult tasks is assessing the actual value of a pension fund. When looking at occupational pension schemes, such as those in the armed forces, police service and NHS, there are many different methods of calculating the value. There are recent cases where a pension fund has been increased by almost a third by getting a proper valuation. When you are talking of pension funds which can be worth £950,000 or more, like with a GP or senior officer in the armed forces, that is a difference of some £300,000.

There are a number of different roads couples can go down to tackle pension assets depending on their circumstances. These are offsetting, earmarking and pension-sharing. An experienced family lawyer will be able to discuss the options in detail to see which is the most suitable course. And pensions are not just about income in old age. They usually involve a tax-free lump sum of around 25% of the total fund, and pensions can benefit you currently from age 50, increasing in April 2010 from age 55.

For more information on pensions treament in divorce cases, visit the Woolley & Co website.

Now he runs his own firm, Cousins Business Law, helping small and medium-sized enterprises with their affairs – but he still loves the David and Goliath battles.

“I’ve always been interested in helping people and was keen to do something to champion the underdog. Law seemed the obvious path,” said Gary, who founded his firm in Moseley, Birmingham, in 2008, and now has three partner-level commercial lawyers working with him from home offices.

“I worked in the CAB after university and then, after law school, I trained in a medium-sized general practice firm dealing with family and business disputes. After a couple of years, I moved to a niche commercial practice and soon became a partner running my own department, but wanted to focus my efforts on helping my clients, rather than on the internal office politics. I therefore joined Woolley & Co, running their commercial dispute management section, until I branched out on my own.”

Despite the commercial focus of his work, Gary is often called upon to help clients who are going through a divorce, when dealing with business affairs alongside personal issues can get on top of them.

“Going through a divorce is always stressful and it then becomes much harder to focus properly on what the business needs. When a director takes his eye off the ball, all sorts of problems arise,” said Gary.

“It’s then important to find a solicitor to take some of the pressure and help a person get the results they want. And taking legal advice as soon as possible before a problem really escalates is important.

“What I really enjoy is helping business people sort out their problems. My clients are often distressed when they come to me, not knowing which way to turn. Sometimes it is a legal claim that’s got out of control and other times it might be that their whole business is under pressure. I love helping them through the mess and out the other side.”

For more information, visit www.business-lawfirm.co.uk or contact Gary at 0845 003 5639 or via gary.cousins@business-lawfirm.co.uk

Estate value “too much” in divorce settlement

A stately home is at the centre of a divorce wrangle after a millionaire landowner went to the Court of Appeal to get an £8 million settlement reduced, the Financial Times reports.

Erik Maurice Robson, aged 66, believes the amount is “too much”. He is being forced to sell Kiddington Hall, in Oxfordshire.

The value of the grade II listed mansion, which dates back to 1673 and sits in gardens laid out in the 18th century by Capability Brown, is said to have plummeted in the recession.

Last July, a court awarded Mr Robson's former wife Chloe an £8m gross lump sum - of which about £5m was earmarked to buy a home and a further £2.4m for an income trust. In a further judgment last July, the court ruled that Kiddington Hall be sold as part of the clean break between the couple.

However, Mr Robson's freehold interest in the estate is now worth about £13.18m rather than the £16m figure used by the court last year.

Tim Amos QC, representing Mr Robson, told the appeal court that the £8m divorce settlement was "clearly too much" and said there was a "need to be more cautious or less free" with money that is "actually nothing to do with either of the parties or their marriage".

Judgment was reserved.

Ashley Cole’s “quickie” claim

Shamed England and Chelsea footballer Ashley Cole has told friends he wants a “quickie” divorce from wife Cheryl so he can focus on the world Cup in June, it has been reported.

The footballer, who is alleged to have cheated with various women behind his wife’s back, is said to have conceded that his marriage is over and that a clean break is best.

A source told The Mirror: "There is little hope of them getting back together."

But Andrew Woolley, Managing Partner of Woolley & Co, said Cole’s hopes of a quickie divorce were unfounded.

“Celebrities do not have a fast-route to divorce that normal couples do not have,” he said

“Their divorce will take the same time as everyone else – around five to six months. The quickie divorce is a myth. It simply means that both sides concede that the relationship has broken down and will not contest a divorce, ensuring the paperwork goes through as fast as possible.”

A new Woolley & Co video explains the process of ‘how to get a divorce’; you can watch it on the website.

Banker bonus cut stops divorce battle

A City banker has halted his high profile court divorce battle after hearing news that his bonus would not be what he expected and so he could not afford protracted Appeal Court action.

Instead, an out-of-court settlement will be reached between Dominic Bokor-Ingram, aged 40, and his former spouse Catherine, aged 38, it has been reported.

The dispute was over how the separating couple's finances should be split.

The settlement is being seen by some legal observers as a sign the number of "big money" divorce deals could fall because of the economic crisis.

Under the original deal in July 2006, it was agreed Mrs Bokor-Ingram would get 76 per cent of the house, along with maintenance payments of £55,000 a year.

Further expansion in East Anglia

The growing team at Woolley & Co has expanded to include Mary-Jane Kingsland, a family law specialist with 20 years experience.

Mary-Jane has been practising as a family lawyer since 1982, working from her office near Norwich she offers a full range of family law services to her clients across the region.

Already well-known in the area thanks to her strong client base and regular work with local media, Mary-Jane also has a Masters degree in mentoring and coaching practice which gives her a unique skill set to offer to clients. In addition, she is a supporter of collaborative law and resolution.

Mary-Jane said: “It is not just a matter of legal procedure. It is a matter of looking at the situation and working out what is best for each client.”

She can be reached on 0845 680 0587.