We can assist you to reach a settlement with regard to financial matters arising from the breakdown of your relationship.
We can also assist you with regard to any financial matters that require urgent and immediate attention, such as payment of the mortgage and bills and maintenance for the children, in an attempt that you do not lose your home and to enable you to meet your necessary outgoings, whilst dealing with settlement of financial matters for the long term.
We can also help you to reach an agreement as to the long term arrangements, such as what is to happen to the matrimonial home, the family business, the family assets and what claims can be made against pensions and in relation to settlement of income claims.
Where the matrimonial home is in joint names, if either party were to die, the survivor would automatically become entitled to the whole of the equity under the rules of intestacy. To prevent this happening you would need to sever the joint tenancy and make a will to deal with your share of the property upon your death. We can assist you to do this.
We can take steps to stop your spouse selling the home and can help you if your spouse is hiding assets abroad.
It is important that any agreement reached as to settlement of financial matters is recorded in a document, so that there is a record of the agreement and for enforcement purposes. Where there is a divorce, that document is known as a Consent Order. Where there is a separation without a divorce, that document is a Deed of Separation.
Where it is not possible to reach an agreement with your spouse as to settlement of financial matters, we can refer you to a mediator to see if it possible for you to resolve matters through the mediation process. if this is not possible, we can advise and assist you in relation to Court proceedings so that the Court can be asked to resolve financial matters between you and your spouse.
We can advise you throughout the course of the financial proceedings. The Court’s approach is to try and achieve fairness between the parties and in undertaking that exercise, the Court will take into account all the circumstances of the case, including but not limited to, a number of specific factors which we can advise you about.
When a Deed of Separation or a Consent Order is prepared, the document can contain an agreement that after the financial agreement has been implemented neither party will be able to make any further financial claims against the other party, either during their life time or after death. This is known as a “clean break” order when made as a Consent Order.
If you have a Court Order, for example a maintenance order, and your circumstances have changed or your ex-partner’s circumstances have changed since the order was made, we can advise you about seeking a variation of that Order.
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