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Relationship
Disputes

Financial Settlements on Divorce

There are a number of routes to achieve a financial settlement.

Reaching an agreement directly with your spouse

You may be able to reach an agreement as to how to separate the finances directly with your spouse.

You should be aware that unless your agreement is recorded in a final Order approved by the Court that it will not be a final binding agreement.  This means that unless they re-marry your spouse could claim further money from you at any time in the future, for example if you inherit money or property or are lucky enough to win the lottery.  This could be years down the line, after you have divorced.  We therefore recommend that you have a Consent Order drawn up which is signed by you and your spouse, and sent to the Court. 

If you have already reached an agreement with your spouse we can draft the Consent Order or advise upon the terms of an Order drafted by your spouse’s solicitor for a fixed fee.    

Mediation

Court rules now state that most divorcing parties must attempt mediation prior to issuing court proceedings.   Mediation involves you and your spouse sitting with an independent mediator who will look at your financial position and facilitate discussions.  The mediator is impartial and cannot advise either you or your spouse.

Both you and your spouse should therefore take independent legal advice upon the terms of any agreement you reach at mediation or along the way as you are engaged in the mediation process. We can offer you a fixed fee to advise and assist you with mediation and for finalising any agreement into a final binding Court order.

If you can not agree

In many cases it may not be possible to reach an agreement directly or with the help of a mediator.  This could be because of the emotions involved or simply because the assets and financial position are too complex and expert advice is needed.

From our background as solicitors specialising in resolving disputes we are able to consider the best way forward for you.  Whether this is via negotiation with your spouse or their solicitor or through the Court process.  Even where the Court process is used most couples will reach an agreement without the need for a full contested final hearing.

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