Financial Settlements

The family law system in England and Wales is designed to encourage people to resolve their disputes outside of court whenever possible. We are exceptionally skilled in round table negotiation and mediation preparation and will provide you with the advice and confidence you need to ask for what you want.

But if court assistance becomes necessary, we have long experience in guiding you through the process and representing your interests robustly.

Unless you are exempt, you will need to attend a Mediation Information and Assessment Meeting (MIAM) before you are permitted to proceed to court. Here, a trained mediator will explain the mediation process to you so you can decide whether or not you want to try and resolve your divorce dispute through mediation. If mediation is deemed inappropriate, you will be given permission to file court proceedings. We have good relationships with local mediators who we can recommend to you

The family home is a key part of a financial settlement, especially where there are school age children. There are many options when it comes to allocating the family home or its value in a fair and reasonable way; for example, some couples agree that the spouse who has primary care of the children can stay in the property until the youngest completes their schooling at which point the home will be sold and the profits divided.

We will go through all the options with you and advise you on what is best for you now and in the future, always putting the wellbeing of your children front and centre of the information we provide.

Both parties have a duty to make what is known as full and frank financial disclosure. If you suspect that your spouse is hiding assets, we can collaborate with forensic accountants if required to investigate such entities as offshore trusts to try, if possible, to uncover any undeclared property. We can also apply to the court for a freezing order to prevent your spouse from dealing with or disposing of assets that may form part of the financial settlement.

A consent order is a document drawn up by a solicitor to reflect what a couple have agreed regarding a divorce financial settlement. Once a family court judge has approved it, the agreement becomes legally binding.

The court is not obliged to approve a consent order, however, if both parties have received independent legal advice and the order has been drawn up by a solicitor, a judge is unlikely to alter what has been agreed unless it is fundamentally unfair.

It is important to note that it is difficult to vary a consent order once it has been approved by the court. We bear this in mind when advising on financial settlement negotiations and make sure you consider every viable option and ask for what you need.