Financial Disputes

Helping a couple work out a financial settlement  in divorce proceedings is one of the key tasks of a family lawyer.  The financial settlement plays such a key role in the kind of future each spouse may have following the divorce, disputes over “who gets what” can become rather complicated and acrimonious.

We will work with you to resolve the financial aspects involved in your family matter, including the following:

• - Maintenance or Periodical payments for a spouse or for children.
• - Lump sums.
• - Transfer or sale of property – the court can order the sale of a property and specify the way that proceeds should be divided or order the transfer of the property to one parties name in order to benefit a child.
• - Pension Orders – these can be made to benefit the other party.
• - Variations – the court has the power to vary an existing order for Maintenance Pending Suit, Periodical Payments Order or instalments for a Lump Sum Order.

No party can initiate a process to lead ultimately to a Financial Relief Order without divorce proceedings having been issued. The parties can reach an agreement which can subsequently be put into a Court Order (subject to Court’s approval). We can assist in negotiations towards settlements which will reduce stress and legal costs for the parties, by removing or minimising the need for Court involvement. It must always be borne in mind that a Judge cannot make a Final Order until there has been a conditional divorce (Decree Nisi). Furthermore, unless agreed between the parties any Order dealing with provisions of lump sum payment, capital, land trust assets and pensions cannot be implemented until a Decree Absolute has been pronounced.

We are experienced to guide and represent you throughout the complete Court process.

Professional fees:

Normally, instructions in respect of matters related to financial disputes in a divorce are based on an hourly rate of £300 +vat equating to £360 (if applicable). All disbursements are additional such as barristers fee, experts fee.

Our scope of work usually includes meeting with one of our experienced solicitors to establish the details of your case, advice on your option(s) and merits in the matter, guidance in collating supporting and relevant documents, preparing and submitting the application and engaging in negotiations with your spouse. We assist with the drafting of witness statements and instruct a barrister for representation at court depending on the complexity of the matter. 

Time scale:

Upon receiving instructions, we shall provide a comprehensive list of documents tailored to your individual circumstances. If your matter is urgent it will be dealt with as a priority. As soon as we have received the requested information and supporting documents and we have reviewed your matter we shall advise you further accordingly. A financial remedy order can take 6-12 months or more depending on the complexity of the matter.