Our services: financial claims on divorce
The best way to resolve financial matters is for you and your spouse to negotiate an agreement, following full disclosure of all your financial matters and after taking expert legal advice. In such cases, we can incorporate the agreement into a court document in order to apply for a final and binding court order.
If you cannot reach agreement, the court can decide matters for you. This will increase your legal costs, but sometimes it is the best or only way to reach a satisfactory settlement.
Whichever route you use, we can advise on the best possible settlement in your circumstances and negotiate agreements for you. We can also advise and represent you in court proceedings.
If an application to the court has to be made, we will guide you through the legal process and complete all the necessary documentation for you.
Disclosure is done by using Form E, a lengthy form that lists all income, assets and liabilities and income and capital needs. Supporting documents are also required.
Once these forms are exchanged, it may be necessary to request further information before negotiations begin. The court will indicate the most appropriate settlement at a financial dispute resolution hearing (if you have not settled beforehand) and although this is not binding, it does help to guide future negotiations.
If it is still not possible at this stage to reach agreement, the court will list the matter for a final hearing where both parties give evidence. The judge will then make a decision binding upon both parties.
We will advice you on whether the matrimonial home should be sold and, if so, on the division of proceeds or on whether a transfer of the ownership would be possible. We will also deal with all other assets forming part of the matrimonial “pot”, including pensions.
In making any decision about money or property on divorce, the court will consider all the circumstances of the case and the welfare of any children.
Our costs
Costs for financial matters are dealt with on an hourly rate. We will give you an estimate at the outset of the case, which we will update as necessary if the case becomes more complex.
For further details or an appointment, please call:
- Michael Brady at our Cirencester office on 01285 654875
- Janice Leyland at our Gloucester office on 01452 508800.
