When it comes to family law, come to us. We are there to make the changes in your life positive ones.
Resolving Financial Dispute
We strongly advise you to seek our advice before attempting to resolve the financial issues of your relationship breakdown.
We might suggest that you, depending upon your own personal preferences, either engage in: direct negotiations, mediation, collaborative law, negotiations with our assistance and, if necessary, a court application.
As every relationship is different, there are no hard and fast rules regarding the division of matrimonial assets on divorce, save that Child Maintenance is governed by the Child Maintenance Service. The courts will look at income and capital in relation to the criteria set out in s. 25 of Matrimonial Causes Act 1973. This does not say that capital should be divided equally. The court looks at a matrix of factors for each family. The advice we give is based upon our in-depth knowledge of case law and experience in court interpreting these factors. We will provide you with a copy of s.25 in our starter pack.
The Form E
In order to unravel these difficult issues, we recommend that our client utilise a Form E, provided by the courts. This form provides information as to what is in your financial ‘pot’ and why you want it divided in a certain way. It can be difficult to complete a Form E, but invariably it is a very useful tool provided it is properly completed and exchanged.
The Consent Order
Once an agreement has been reached we would advise you in the strongest of terms to have it ratified into a sealed Consent Order. We can assist you in producing the appropriate legal jargon to create for you, a binding legal agreement.