Most separating couples are able to reach agreement regarding the division of assets and finances, either by talking together or with assistance from a third party such as a mediator or within the collaborative practice. However, if an agreement cannot be made then either spouse or Civil Partner can make an application to the court for a Financial Remedy Order.
Divorce and finances
Sorting out the finances is often one of the main concerns for separating couples. Thoughts as to what should happen to the family home, how other assets should be divided and whether maintenance should be paid, by one spouse to the other as well as to the children, can be overwhelming.
How Family Law Partners can help with your divorce financial settlement
- We aim to adopt a non-adversarial approach to resolving matters and encourage use of Mediation and the Collaborative Law model.
- We are issue focussed and will look to achieve practical and cost-effective solutions.
- We will consider the options, provide you with guidance and advice and signpost you to relevant third parties, including financial advisors to assist you through the process.
- We follow the Resolution Code of Practice and Family Law Protocol.
When might family financial issues arise?
- When parties separate having been living together as a couple outside a marriage or Civil Partnership;
- On Divorce;
- On a Judicial Separation;
- On the dissolution of a Civil Partnership;
- Where claims need to be made against a parent by or on behalf of a child;
- In the event of a partner or spouse’s death and where no reasonable financial provision has been made.
What remedies or options are available?
This will depend on your status and the particular process you are looking to pursue. Early advice is recommended to ensure your position is protected. Whichever process is considered, you will be required to disclose your financial position. Our team of divorce financial settlement solicitors recommend that you start getting your paperwork in date order so it can be reviewed in a cost effective manner prior to detailed advice being given.
As well as advising you on the best way to proceed, we can also help you in drafting all the relevant documents and advise on a strategy and likely outcomes.
We may refer you to an independent financial advisor for an initial consultation to understand your personal circumstances. They will offer independent, expert advice on a range of financial planning issues including pension advice, tax planning, retirement planning and investment management.
If you would like an appointment with one of our divorce and finance specialists in Brighton, London, Horsham, Essex, North Hampshire & Surrey or South/Mid Hampshire then please contact us on 0330 055 2234.