The High Court has settled a dispute between a cohabiting couple over who should own the home they had shared until they split up. The couple, Mr Lee Hudson and Ms Jayne Hathway, had purchased their home in joint names. They both worked and paid their respective salaries into a joint account. Over time, Hudson’s earnings
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.
Related Resources (View more resources)
Presentation slides from the webinar ‘Cohabiting Couples & Living Together – What are your legal rights?’
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Join Stephen Nolan and Richard Phillips for our latest #AskMachins podcast focussing on the Mediation process in Family Law. If you have any questions or would like to get in touch with our Family Law Team then they’d to love to hear from you on 01442 872311
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