Relationship Breakdown – Finances
Our Family Law specialists are members of the Law Society Family Law Panel and can advise you on financial issues on separation and divorce. We can negotiate settlements on your behalf, draft separation agreements, and draft orders to submit to the Court by mutual agreement.
Consent Order Family Law
The mechanism used by the court to separate the money and assets followed by a divorce is the Consent order. Such a ‘Consent Order’ – as it is called, would be signed by both parties, as well as the solicitor. And when approved by the judge, it constitutes an absolute agreement between the spouses. This means that neither of spouse can make any further demands upon the other. If such an agreement does not exist, then one party can make additional demands on the other – even years after the divorce have been granted.
Where agreements cannot be reached we will discuss with you alternative dispute resolution processes such as mediation, and where necessary submit applications to the Court for financial issues to be resolved.
What Can We Do For You?
There are several issues that our solicitors can help with taking care of the finances when you are considering the separation from your partner:
Child maintenance and Enforcement Division should be applied for assessment when child maintenance is not agreed voluntarily by either parent.
When there are different financial issues following the breakdown of the marriage, both parties can negotiate through their solicitor to settle on an agreed and amicable basis. The agreement can be drawn to make a legally binding document signed by both parties, called Order of the Court.
A strict formula is not available in the family law for assessing spousal maintenance. And in case any spousal maintenance is payable following separation, the procedure depends on the disparity of income of both parties and their needs.
Spousal maintenance gets assessed by looking at both the parties’ income and expenditure. If the spousal maintenance cannot be agreed, the Courts would have jurisdiction to grand a Maintenance Order.
Ancillary Relief Proceedings
When the settlement doesn’t reach an agreement, ancillary relief proceedings are concerned with the financial matters which include the family home and pensions that represent matrimonial assets in a long marriage.
Here, each party needs to file an Affidavit to settle the financial position and to lodge the financial discovery. If the settlement is not agreed, the court will hear the matter and determine how the family finances should be dealt with.
Contact Our Lawyers Today
For advice, guidance, and support on any of the cases related to wills and probate, contact our solicitors today and we will ensure to approach your case with compassion and care.