Our services: financial issues on divorce
The best way to resolve financial matters is for you and your partner 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. Although this will increase your legal costs, it is sometimes the best or only way to reach a satisfactory settlement.
Whichever route you use, we can advise on the course of action best suited to your circumstances and negotiate agreements for you. We will advise 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.
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. We can also advise and represent you in court proceedings.
Disclosure of financial matters is done by using Form E, which 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. 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.
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.
Our costs
Costs for financial matters are dealt with on an hourly rate. We will give you an estimate at the start of the case, which we will update as necessary if the case becomes more complex.
For further details of our financial issues on divorce legal advice and services, or an appointment, please call:
- Michael Brady at our Cirencester office on 01285 654875
- Anita Arora at our Gloucester office on 01452 508800
- or email enquiries@dfjlaw.co.uk