Financial Arrangement Solicitors

Married couples are likely to have assets, some in joint names and some in their own individual names which need to be settled within divorce proceedings.

Often parties can agree how to divide the assets from the marriage. However, it is important that divorcing couples know and understand the legal implications of divorce, their rights and responsibilities.

Even once a married couple has divorced, in theory both parties have the following claims against the other which could ultimately end up being for the Court to decide:

• a claim for maintenance;
• a claim against any assets that either of you may have now or will have in the future;
• a possible claim to transfer the title on the Family home; and
• in the event of either party dying, a claim against the Estate of the deceased.

These claims can be dismissed by preparing a Consent Order incorporating clean break terms that both parties sign.

Our Family Team can advise you on the merits of entering into a Consent Order and can draft suitable Consent Order documentation that set out how the assets should be divided.

Speak to our divorce solicitors in Sidcup, the London Borough of Bexley, Kent

For expert advice on divorce financial arrangements, please feel free to speak in confidence to one of our team now by calling 020 8300 9321 or emailing enquiries@wmk-law.com.

Our divorce financial settlement services

Free 30-minute initial interview

At your free initial appointment, one of our trained family lawyers will talk through your situation with you, including what you want to achieve from a settlement and any specific concerns you have. This conversation will be held in complete confidence and we will explain everything you need to know in plain English.

We will discuss all of your legal options with you, including negotiated settlements and using methods such as using mediation to achieve a settlement. We will make sure you are clear about the advantages of the different approaches to reaching a settlement and give you a clear indication of the likely costs involved.

Advice on factors affecting a financial settlement

Our specialist experts in divorce financial arrangements can provide clear, practical advice on the factors that are likely to affect the level of settlement you can expect, including:

• Each party’s income, earning capacity, property and other financial resources which each party to the marriage has or is likely to have in the foreseeable future, (including any reasonably expected increase in earning capacity)
• The financial needs, obligations and responsibilities which each party to the marriage has or is likely to have in the foreseeable future
• The standard of living enjoyed by the family before the breakdown of the marriage
• The age of each party to the marriage
• The duration of the marriage
• The effect of any physical or mental disability of each party to the marriage
• The contributions which each party has made or is likely in the foreseeable future to make to the welfare of the family (including any contribution by looking after the home or caring for the family)
• The conduct of each party (which tends only to be relevant in exceptional circumstances)

We can make sure all relevant issues are considered and help you to gather and present any appropriate documentary evidence to support your position.

Reaching a voluntary financial settlement

In many cases, it is possible to agree financial arrangements for your separation without the need for court proceedings. Making a settlement voluntarily is usually much faster with significantly lower legal fees than taking your divorce to court and also has the advantage of helping you to avoid unnecessary conflict while keeping your personal financial affairs private.

There are various ways to make a voluntary settlement, including negotiating directly with your former spouse with the assistance of our legal team. Many couples now use a form of Alternative Dispute Resolution called mediation, which involves both parties meeting under the supervision of a trained, neutral mediator to work out a settlement.

Applying for a Consent Order

Something to bear in mind is that any voluntary settlement you agree will not be legally binding, meaning either party could in theory change their mind and decide not to stick to the terms in future. To avoid this and guarantee you a clean break, we can apply to a court for a Consent Order.

A Consent Order formalises the terms of your voluntary agreement, making them legally binding on both parties and giving you both peace of mind. It is important that the Consent Order is carefully prepared so as to reflect the exact terms agreed. Those terms also need to be fair to both parties or a court will not grant a Consent Order.

With our experience, we can make sure your application is accurately prepared and give clear advice on whether the terms of the agreement are likely to be considered fair by a judge. This can significantly increase your chances of having a Consent Order granted, saving you time, money and unnecessary stress.

Applying to a court for a Financial Order

Should you need to apply to a family court for a Financial Order to resolve a dispute over the financial arrangements for your divorce, we can assist you every step of the way, including with

• Making an application to the Court for a Financial Order (sometimes referred to as ‘ancillary relief’)
• Advice about the Court procedure
• Organising representation for you at Court
• Providing advice on the best possible settlement

Get in touch with our financial arrangement solicitors in Sidcup

If you would like more information about Financial Arrangements or you would like to set up an initial appointment, please contact our team by calling 020 8300 9321 or emailing enquiries@wmk-law.com.