Our services include financial arrangements before and during marriage and on separation or divorce or termination of registered civil partnerships. We also assist couples living together in long- term relationships and often the complex range of legal remedies arising from breakdown of relationship. We advise on what is a potentially a fair outcome. We also draft pre-marriage agreements and cohabitation contracts.
The consequences of any financial settlement are always a cause of great concern for anyone facing the breakdown of a relationship.
We have considerable experience in negotiating satisfactory financial settlements. We are also very experienced, both in mediation and particularly as traditionally experienced family solicitors, in dealing with complex financial affairs, including businesses, overseas investments and indeed family settlements. We will advise on obtaining complimentary specialist advice, both from independent financial experts and indeed from specialist Pension advisers and accountants. We can also provide a comprehensive range of accompanying property and conveyancing services.
Our main concern is to conduct robust negotiation but ensure an appropriate settlement is expedited, to avoid ongoing costs. Where there are children, their welfare will be a critical consideration.
For a fair settlement, there must be a clear picture of the assets. This process is called financial disclosure. Both Partners must make a full and frank disclosure of their financial position before negotiation via solicitors. Once the assets are known, and values agreed, a fair settlement may be determined, subject to your personal instructions and indeed formal approval.
Financial disclosure is often linked to completion of a document known as FORM E.
In divorce, judicial separation or the dissolution of a civil partnership, the court has the power to make a variety of orders;
- Periodical Payments
- Transfer of Property
- Payment of a lump sum
- Divorce courts can divide pensions between spouses and civil partners.
We believe in engaging in early neutral evaluation, with a view to resolving financial issues, without the need for formal determination by a court. There will however always, realistically, be cases where it is impossible to avoid court proceedings, in order to achieve an appropriate financial settlement.
Divorce or breakdown of civil partnership will most probably be one of the most emotionally and financially traumatic things you will ever experience. Money spent on getting mad, or money spent on getting even, will usually be money wasted. Practical legal advice at an early stage will never do any harm, and in most instances will have very positive and cost effective, results.