Local members of the family justice body Resolution have welcomed new research which shows most people back a change in the law to give cohabiting people more rights. Currently, cohabiting couples have few or no rights in the event of a relationship breakdown meaning that unlike married couples there is no mechanism for splitting assets.
Arranging and dividing your finances following separation can be complicated and stressful. We can advise you of the process, factors to be considered and help you negotiate a settlement.
Talk to one of our friendly and experienced team on 01442 872311
There is a range of options available to you to reach a financial settlement.
- Negotiation – Reach an agreement with your spouse either direct or with the assistance of legal advisers, mediators and/or collaborative law.
- Alternative Dispute Resolution – You and your partner agree to mediation with arbitration, arbitration, a private dispute resolution hearing or “Early neutral evaluation” by an independent barrister.
- Court process – Seeking the court’s assistance in a financial settlement and ultimately, the court’s decision, if an agreement cannot be reached.
We have considerable experience dealing with all types of financial cases including, pensions, shares, assets overseas or offshore and businesses. We provide advice on the appropriate financial remedies available such as pension sharing agreements and maintenance orders.
In order to fully advise on how the family assets should be divided, we will endeavour to obtain full financial disclosure from your partner, summarising their capital, pensions and incomes. We will provide practical advice on the likely outcome should the matter go to court and then aim to negotiate a settlement on your behalf to ensure a fair settlement is reached. We will always do our very best to reach an agreement out of court and can assist you through direct negotiations between solicitors. Alternatively, we can represent you through mediation and collaborative law.
If an agreement can be reached we can incorporate it into an agreed Financial Remedy Order also known as a Consent Order. This Order can then be lodged with the court for their approval.
If an agreement cannot be reached, either party can issue court proceedings and we will be able to represent you during the court proceedings.