Sorting our finances following a separation can be complicated and stressful. We can advise you of the process and help negotiate a settlement.
The financial arrangements arising out of a divorce can be complicated. Deciding how your marital assets are shared can be stressful and may at times seem unfair.
There are effectively three options available to you.
- Court process - Allow the courts to decide how your assets, including your home and pensions should be divided and how much maintenance should be paid.
- Negotiations - Reach an agreement with your spouse either direct or with the assistance of legal advisers or mediators.
- Alternative Dispute Resolution - You and your partner agree to a Collaborative Law approach with your lawyers to resolve issues, without going to Court.
At Machins our family lawyers have considerable experience dealing with high value financial assets including, pensions and businesses. We aim to 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 then work with you and provide practical advise on the likely outcome should the matter go to court. We will then aim to negotiate a settlement on your behalf to ensure a fair settlement is reached. We will attempt 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 a Consent Order. The Consent Order can then be lodged with the court for their approval. The divorce can then commence to a Decree Absolute.
If an agreement cannot be reach, either party can issue court proceedings and we will be able to represent you during the court proceedings.