Family Law Involving Financial Disputes
At Avadis & Co. Solicitors we understand that negotiating your finances can be the most challenging part of separation and/or divorce. If you are unable to reach an agreement or your financial position is complicated, our team can help. Call us on 020 7267 8864 to discuss your specific circumstances.
When going through a separation or divorce, it is likely you will need professional input and support especially if:
- Either of you own a business;
- Either of you financially depends on the other;
- Either of you have children under the age of 18, in full time education or have any additional medical/care needs;
- Either of you have any limitations on your future earning capacity (carer, medical problems, disability etc);
- Either of you have assets in your sole name and/or have a larger pension.
In the event an application is made to the Court, it will involve full financial disclosure from both parties, to each other and to the Court. It is important to assess not only the immediate short-term impact that a separation will have on all parties but also to consider the longer-term future needs of spouses and any children.
At Avadis & Co. Solicitors, our family law solicitors can guide you through your divorce, in addition to assisting you in resolving the financial issues at every stage. Call us now to discuss your specific circumstances on 0207 267 8864 or email us at email@example.com.
A TAILORED APPROACH FROM AVADIS & CO.
We can offer a range of approaches that you can take advantage of to resolve the issues between you and your partner successfully. For example, options include referring you and your partner to meet with a mediator to discuss and resolve the issues; coming to an agreement with your spouse directly with the help of your lawyer, or you can invite the courts to decide how your assets should be divided and whether maintenance should be paid.
Non-court dispute resolution is something we will discuss with you while reviewing your particular situation and together we will determine the best possible solution for you and your family. Our specialist team are dedicated to considering alternative ways of resolving issues over finances and children using one or more forms of Alternative Dispute Resolution, such as referral to mediation. Mediation is a popular method of ADR; it is centred around enabling couples to communicate with one another and is effective in assisting you to negotiate an agreement regarding the children and the division of property. It is important to be aware that the court has broad discretion and it is sometimes preferable to minimise the emotional stress and financial pressure where a relationship has broken down by avoiding the uncertainty of going to court.
FINANCIAL DISCLOSURE ON DIVORCE
If you are going through a divorce or separation and seeking to settle financial matters with your partner, you will be expected to provide them, or their solicitor, with information about your financial position. This is known as ‘financial disclosure’.
Financial disclosure can be done on a voluntary basis. If so, you should provide your solicitor with the necessary paperwork to create an accurate picture of your financial position. This includes all information about income, earning capacity, capital and pension entitlements and you may need to provide:
- Bank statements
- Mortgage statements
If one or both parties are not forthcoming in disclosing their financial position, an application can be made to the court and the court will be required to establish the financial resources available. A First Directions Appointment will generally be the first hearing in connection with a financial dispute on divorce, before which both you and your partner should have sent each other and the court your completed Form E Financial disclosure.
Both parties need to ensure that they have disclosed all relevant information regarding their financial circumstances. Once disclosure is complete, the court will hear a summary of the parties’ positions at the Financial Dispute Resolution hearing (FDR). The will offer guidance as to what the likely outcome would be at trial and as to how reasonable each party’s position is. Having established the financial resources available, it is important to consider the welfare of any minor children involved.
An important question in every family dispute is whether or not a suitable home for the children can be maintained, whether or not there should be any ongoing maintenance payable or whether there are enough matrimonial funds available to achieve a “clean-break”. Even if there is a clean break agreement regarding spousal maintenance, there is still the question of maintenance payable for dependent children to be agreed.
Should there be either a pre-or post-nuptial agreement in place it will be necessary to consider whether the agreement carries any weight in the circumstances. We are also able to draft pre or post-nuptial agreements.
CONTACT OUR FAMILY LAW TEAM
At Avadis & Co. Solicitors, we have been trading for 21 years and have numerous successful outcomes in private family cases each year. Our family law solicitors are experts in providing practical advice and representing clients involved in financial disputes and all family law matters. Laurie Avadis, head of our family law team has undertaken complex private family financial work since 1985. With our help and extensive experience in these matters, we can guide you through this stressful but important part of your life and help you make a fresh start.
Please contact us today on 020 7267 8864 or by email at firstname.lastname@example.org.