Expert Legal Advice on Financial Settlements
When undertaking divorce or dissolution of a civil partnership reaching a good financial settlement is vital. All of our team have substantial experience in negotiating financial settlements. We aim to ensure that proceedings are not protracted and that children’s interests are considered above all. In any matrimonial law case there must be financial disclosure. Sometimes this can be achieved on a voluntary basis or in many cases during the court process. Once there has been full financial disclosure then the practice will be in a position to assist in negotiations.
Each case will be assessed for its suitability for:
The collaborative procedure
A round table meeting
The court process
Each of these options will be discussed with you to help you choose the best course of action to follow.
Voluntary Financial Disclosure
In voluntary financial disclosure both parties agree to complete a financial statement known as a Form E and these are exchanged between solicitors. Once all the financial information has been disclosed we can commence negotiations.
The Court Process
If the matter proceeds to court by issuing an application, the court will impose a timetable for the exchange of financial statements by Form E. Questionnaires can be raised and information sought by way of court order. The court will decide on a first hearing, known as a “First Appointment”, what directions they will give and the timing of Replies to Questionnaires and the production of any further expert evidence. The court will then set a second hearing known as a “Financial Dispute Resolution Hearing” where the court will try to assist the parties to reach an agreement. Most cases settle at this time. If the matter cannot be settled the case will go on to a final hearing.
In any matrimonial case either an agreement will be made or a Court Order imposed to deal with the following:-
Maintenance known as periodical payments for a spouse or children
Transfer of property, this normally involves the home and any other properties.
Lump sum payments
Section 25 of the Matrimonial Causes Act 1973 sets out the criteria that should be taken into account by the court when deciding a financial order. The first and primary consideration is the welfare of any dependent child or children. Courts will take into account income and earning capacity, savings, housing needs, pensions, the duration of the marriage or civil partnership, the parties’ contributions, health of both parties and any other circumstances that are relevant.
Minimising legal fees
Only a few cases go to a final hearing. Our divorce and matrimonial team pride itself on early and sensible negotiations which have the effect of minimising legal fees whilst achieving the best outcome for the client. Please contact any of the team who will be delighted to assist.
Contact our Divorce Team
To make an enquiry please press here or call us on 0151 647 7372