Financial remedies
Content
When a couple separates, resolving financial issues usually involves more time and cost than any other aspect of divorce or dissolution and we recognise that not everyone is aware of the financial claims that can be made. As one of the most experienced teams in the North West, we provide the best possible advice to clients in what is a complex and discretionary area of law.
How we can advise you
- Claims you can make upon the breakdown of your marriage or civil partnership. Such claims usually relate to capital, pension and income
- Issuing financial remedy proceedings within divorce or dissolution proceeding in order to pursue your claims
- Injunctive relief to prevent dealings with or disposal of assets with the intention of defeating your claims
- Maintenance pending suit applications should you need interim maintenance to be paid to you whilst proceedings are ongoing
- Legal services payments orders to assist you with payment of legal fees whilst proceedings are ongoing
- Enforcement of orders where a court order may have been breached or not complied with
- Interim court applications to deal with urgent issues arising within proceedings that are not capable of agreement
- Financial support for children pursuant to Schedule 1 of the Children Act. This enables the court (in certain circumstances) to require a parent to provide a home for a child until that child reaches a certain age, lump sum payment, maintenance, and other costs for the benefit of children
- Child maintenance via the Child Maintenance Service (CMS)
We can also advise you on alternative routes to reaching a financial settlement, for example through mediation, arbitration and collaborative law. If you are able to reach a financial settlement by agreement, then we can prepare a consent order that will set out the terms of agreement reached and be legally binding.
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How our team will work with you
Our team will:
- discuss all available options with you to resolve financial matters so that you can make an informed decision about how you wish to proceed. This may include court proceedings or alternative dispute resolution methods such as mediation, arbitration or collaborative law
- discuss with you what it is that you want to achieve and how best to approach your case
- advise you on the variety of financial orders that the court can make, including the sale, transfer or settlement of property, pension orders, lump sum orders and spousal maintenance
- discuss with you the financial information, disclosure and evidence you will be expected to provide
- explain the law, the process, the courts’ likely approach to the issues in your case and the matters the court will take account of
- consider whether there are any special circumstances to your case which need to be taken account of and whether any expert evidence is required. Expert evidence may take the form of property valuations, a business valuation or a pension report
- represent you at court appointments, negotiate with your former partner or their legal representative and keep you fully up-to-date about progress
- keep you appraised as to costs
- work with you at your pace
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Our clients
Our clients come from a wide variety of backgrounds and range from very wealthy individuals, media and sports personalities through to professional, entrepreneurial and business clients.
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Our experience
Our team has considerable experience in this area of law and we regularly act in cases that involve complex issues such as inherited assets, family businesses, trusts and family settlements, assets in other countries, pensions, and financial provision for children, child maintenance, on-going spousal maintenance, and high or complex income streams. We will ensure you achieve a positive solution with clear and straightforward advice.
Our experts are members of Resolution; an organisation of family lawyers committed to non-confrontational divorce, separation and other family problems.
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