Financial Disputes on Divorce
Our family lawyers have many years of experience in negotiating financial settlements. We pride ourselves on providing bespoke advice to our clients that caters for their individual needs and provides certainty for their futures.
We listen to your priorities and work closely with you to devise the best strategy to resolve your case with minimum stress, cost and time. We will protect your financial interests and be on your side from start to finish.
When considering financial settlement on divorce a number of factors are taken into account. The top priority is always the welfare of any children under the age of 18 years. There is then a statutory checklist of matters to be considered as follows:
a) The income and earning capacity of each party, the property they own and other financial resources they each have;
b) Each party’s financial needs, obligations and liabilities;
c) The standard of living enjoyed during the marriage;
d) The length of the marriage and the ages of the parties;
e) Any physical or mental disability either party suffers from;
f) Contributions made by each of the parties to the marriage both financially and otherwise;
g) Any behaviour by either of the parties that is so serious that it cannot be ignored; and
h) The value of any benefit which either of the parties will lose the opportunity of acquiring as a result of divorce, such as pension and insurance benefits.
No two cases are the same and there is wide discretion as to how these factors are weighed and prioritised. When advising you we will explain the relevance of each of these factors to your circumstances.
The court has the power to order the sale or transfer of property, payment of lump sums, sharing of pensions and payment of maintenance. The aim is to achieve a fair division of the assets and income and to do so it is crucial that both parties provide one another with full and frank financial disclosure. We can advise you as to the likely settlement achievable through use of the court process, negotiation, collaboration and mediation.
Even if you and your spouse are able to negotiate a financial settlement directly between yourselves, it is vital that you take legal advice on the fairness of the agreement to ensure it will be legally binding.
We will make sure you are fully supported throughout the process and after it, with help from our network or trusted financial advisors where necessary.
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"Thank you for the care and consideration in this matter. You have helped to make a difficult time less so and I am grateful.
Mr H, Family Law. January 2017