We focus on our clients needs, offering sensible, pragmatic and cost effective advice which works for the long term future of all concerned.
Finances on Divorce
Experience has shown us that often the most stressful and complex aspect of any divorce or separation is sorting out the financial issues. Whether you are looking to protect your assets, or are concerned as you have always been reliant upon your partner for financial support, we will help you. We have extensive experience in resolving complex and contentious issues regarding the financial aspects in divorce and separation, and protect your interests.
We assist on all financial aspects in divorce, the most common issues to resolve include:-
- The family home
- Holiday homes
- Investment Properties & rental income
- Investments & Savings
- Company Shares & Dividends
- Future Financial payments for child maintenance
- Spousal maintenance
The Court Process
First Appointment hearing: Both parties attend court and Directions and a timescale is given by the Judge which sets out what information is required (usually property, pension, share valuations).
Financial Dispute Resolution Hearing (FDR): Both parties attend court, the Judge will hear any settlement offers, and see any evidence as directed in the First Appointment hearing. The purpose for this hearing is to see if a financial settlement is possible without judicial assistance and the need for any future court hearings. The Judge will listen to both parties, and read any material evidence. The Judge will encourage settlement, and be open and honest regarding any unrealistic expectations. More often than not an agreement is usually reached at this stage, without the need to attend court again.
Final Hearing: If an agreement could not be made at the FDR, a final hearing will be required. A Judge will review all material evidence, and listen to any submissions from any legal advisors and make a judgment.
We have acted on a case involving both parties who were on their second marriage. Their relationship was intermit and our client was retired, with their partner close to retirement age. Our client owned the property solely, and had a healthy pension of close to £500,000. Our clients could not come to an agreement, and proceedings were issued at court, where settlement was reached at the FDR.
We acted for a client who solely owned the property and had healthy savings. After full disclosure was exchanged we successfully negotiated a settlement and kept the proceedings out of court.
It is important that you protect your wealth, fighting over these matters, especially in court, could end up costing you a large portion of the assets you are in dispute over. We have specialist experience in dealing with pension sharing orders and good business relationships with wealth management companies, which reduces the need to attend court.