Consent Orders & Financial Remedy
Although emotionally the separation and subsequent divorce may seem the most important consideration, in reality it is often the financial settlement that will have the most lasting effect on you and your family. Staffordshire Family Law Solicitors will support, advise and guide you through this complex process ensuring that you obtain the right outcome for you and your family.
Whether your matter is complex and has a high value or is simpler and you already have an agreement Staffordshire Family Law Solicitors have an expert accredited solicitor ready to help you.
There is a common belief that once Decree Absolute is granted that neither party can make a financial claim on the other. This is completely untrue. It is not that uncommon for one partner to come back many years later and seek to recover their full entitlement. These are usually the most expensive cases and therefore it is imperative to get it right first time.
No two relationships are the same and thus the financial make up of each individual relationship will also differ greatly. The ‘pot of assets’ may include property in the form of a family home, investment properties and holiday homes, it may be savings, stocks and shares or a large pension. One partner may have been the ‘main breadwinner’ and the other a homemaker or both partners could have had similar valued jobs. There may have been inheritance from one side of the family or both during the relationship or one of the partners may have had a great deal of pre-relationship accumulated assets. All of this will need to be considered as part of a fair and balanced settlement.
At Staffordshire Family Law Solicitors your case will be dealt with on its individual merits. We try hard to resolve cases by negotiation and avoid a full blown courtroom hearing. Our goal is a swift, tailor-made and cost-effective solution for you and your family. In order to achieve this we have a clear and consistent approach to financial settlements. Our approach can be broken down into 4 clear stages:
1. Stabilise & Safeguard – this can include preventing the disposing of assets, securing interim maintenance payments to maintain the family home for you and any children or simply ensuring that you have maximised your entitlement to benefits. Your solicitor will be able to discuss both the legal and practical considerations following the separation.
2. Full and Frank disclosure – the next stage will be to exchange full details of all of the assets held by either party. This is often the most complex area in the financial settlement particularly if there is a suggestion that assets are being incorrectly valued or no longer exist. It is usually the quality of disclosure at this stage that will decide whether your matter can be negotiated without the need for court proceedings. There is helpful guidance on correlating your financial information on our costs page.
3. Negotiate an agreement – Negotiating a financial settlement is a skilled and complex task. Your Solicitor will seek to negotiate a settlement that is right for you based on your needs and the needs of any children. As with any negotiating there is often a degree of compromise required particularly if court proceedings are to be avoided. Nevertheless there is no benefit in obtaining a settlement that is not right for you.
4. Implementation – once an agreement has been reached it will need to be incorporated into a court order. If the agreement is reached without the need for court proceedings then the agreement will be incorporated into a consent order. We will prepare the order on your behalf and send it to the local Family Court when it has been completed by both parties. Once the consent order has been approved by the Family Judge we will guide you through the process of implementing the agreement.
