Financial Settlements

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. This will ensure that you do not lose your home and can 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.

Where the matrimonial home is in joint names, if either party were to due 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 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 assist you in relation to Court proceedings so that the Court can be asked t resolve financial matters between you and your spouse. Unless agreement is reached between you during the course of those financial proceedings, the Court will make an order.

We can advise you throughout the course of the financial proceedings, which are known as “ancillary relief” proceedings. The Court’s approach is to try and achieve fairness between the parties. 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 lime time or after death. This is known as a “clean break” order when made as a Consent Order.

We can discuss with you the possibility of engaging the services of a mediator in order to assist in resolving financial issues.