Financial, Property & Pension Advice
We have earned a reputation for dealing with high net worth clients by offering expert advice on complex issues such as the treatment of family businesses and trusts.
The division of finances upon the breakdown of a marriage can be left to the discretion of the court, and a wide range of orders can be made. The court has to take into account all the circumstances of the case, with the first consideration being the needs and requirements of any dependant children. The court has to look at various factors including:
- income, earning capacity, property and other financial resources
- financial needs, obligations and responsibilities
- standard of living before breakdown of the relationship
- age of the parties and duration of the marriage
- physical or mental disabilities
- contributions to the family, both financially and to the welfare of the family and
- conduct of the parties.
There is a duty upon each party to give full and frank disclosure of their assets and finances during this process.
Cases can be settled without the need to go to court. We encourage this in order to minimise both the financial and emotional cost of court proceedings. In order to negotiate a settlement, full and frank financial disclosure is still required, before an agreement can be reached. Other forms of dispute resolution can also be offered, including Collaborative Law, Mediation or Arbitration.
Financial and property matters can also be settled without the need for a divorce, in the case of a judicial separation or simply by agreement. In such instances a separation agreement is advisable in order to set out clearly the agreement reached.
All of the team are members of Resolution and are committed to resolving disputes in a non-confrontational and constructive way.