Achieving a financial separation can take many different forms. Financial settlements can often be a complicated consideration when separating from your partner: this is where I come in. I can provide comprehensive, bespoke guidance on your specific situation, and help you every step of the way. Get in touch with me today on 0161 509 6241 or email me at firstname.lastname@example.org.
One form of financial separation could be, with full financial disclosure and negotiations, that you are able to reach a binding agreement which will be translated into a Court Order and is then legally binding and enforceable.
It could be that the framework of a Court timetable is necessary to focus each party’s minds (it is always possible for negotiations to take place alongside the structure of a Court timetable).
Whether you are negotiating or going down the Court route, before making any Order the Court has to consider a checklist of considerations. These are set out in Section 25 of the Matrimonial Causes Act 1973, the main statute dealing with divorce and finance. For the majority of families going through a divorce, the financial division has to be a finely judged balancing exercise between the needs of the husband and wife, considering the children first and matching those needs from the overall financial resources.
The main benefits of going to Court are that:
A Form E has to be prepared and exchanged simultaneously, including the documents referred to in the form. Exchange takes place at least 35 days before the first appointment.
At least 14 days before the first appointment, both parties have to file and serve on the other:
This is the first Court appointment. Both parties and their legal representative are required to attend.
A District Judge will examine the issues and consider the financial evidence.
The Court will also give directions on:
It is possible to combine the first appointment with the FDR appointment if both parties are sufficiently prepared. This contains costs and time because one Court appointment is required instead of two.
If the matter is treated as a First Appointment then an FDR will be listed.
If the matter is treated as an FDR a final hearing will be listed.
Following the FDR both parties have to carry out the directions ordered by the Court:
The Judge will consider the evidence of each party in turn, together with any expert witnesses called.
The Judge will make a decision and an Order in detailed terms, giving detailed reasons for the decision.
I have many years of experience helping clients from a range of backgrounds achieve a successful divorce, with a mutually agreed financial settlement. Get in touch with me today for an initial consultation to find out how I can help you. Call on 0161 509 6241 or please complete the online contact form.