image

Financial Remedies

A common aspect of divorces and separations is the division of assets, which can often lead to disputes that can become protracted and acrimonious if not dealt with professionally and carefully.

We specialises in dealing with both simple and complex financial disputes between parties. Our expertise and experience, allow us to provide the best possible advice with the aim of achieving the most satisfactory outcome possible for you.

It will be necessary for both parties to provide full and frank financial disclosure. We will attempt to negotiate a settlement without the need to issue Court proceedings. Where an agreement is reached without issuing Court proceedings it is dealt with in a Consent Order which is sent to the Court for the Judge’s approval. Once approved, the agreement becomes legally binding and whatever settlement has been made goes into effect.

However, if agreement cannot be reached we can consider mediation or issue Court proceedings on your behalf and then the Court timetable will begin. If we do issue court proceedings this will lead to the exchange of various documents and there will be a first directions appointment at court. After that there will be a financial dispute resolution hearing followed by a final hearing if the matter has still not settled. The process is designed to encourage the parties to settle at every stage. We are fully experienced in taking matters all the way to fully contested final hearings.

When making any decision relating to financial matters, the Court will have regard to all the circumstances of the case and shall put the welfare of any children first.

We will advise you about these Court procedures including the preparation of Financial Statements, documents that must be disclosed and representation in Court if you are required to attend. We will also advise you as to the various orders that can be made by the Court including regarding the family home, maintenance and pensions.

Financial agreements/orders may cover:

  • How the needs of both parties and children’s housing can be met from the capital available
  • How capital assets should be apportioned
  • Valuation of businesses and companies
  • Division of income; payments to wife or husband, to include consideration of interim maintenance, school fees and child maintenance
  • Pension Sharing Orders

© Copyright 2019 Makwana Solicitors. All Rights Reserved.

Designed & Developed by Vital Concept.

© Copyright 2019 Makwana Solicitors. All Rights Reserved.

Design & Developed by Vital Concept.