With the introduction of no-fault divorce back in April 2022, one of the new measures put in place by the court was the ability for individuals to be able to make a joint divorce application together. This was largely done in an attempt by the courts...
If your marriage or relationship has run into difficulties then you may well be concerned about how this will affect you financially. Settling the financial arrangements at the end of a relationship can be a major ‘flashpoint’ during the divorce or separation process and it is usually far more complex than the divorce itself.
In the first instance, efforts will be made to see if matters can be resolved by agreement. This can be by way of negotiation between solicitors or, if appropriate, a referral to mediation. If this fails, then an application will be pursued through the Courts for a financial settlement.
How we can help you: our family lawyers have extensive experience in negotiating financial settlements and we have dealt with the many types of different situations, that arise including those cases involving children and highly complex and valuable assets. Our aim is to achieve a financial settlement that will reflect your interests.
Our experienced Family Lawyers will advise you as to the importance of exchanging financial disclosure with your ex spouse/partner. It is essential that the parties are as transparent as possible when it comes to negotiating a financial settlement and, in order to provide you with the best advice possible. You will need to provide your Lawyer with valuations of all the assets and, if appropriate, debts that both parties have amassed, in order to be able to provide you with comprehensive expert advice on an appropriate settlement.
If a solicitor-negotiated agreement cannot be reached we will, if appropriate, assist you in making a referral for mediation and, if mediation is not appropriate or is unsuccessful, we will pursue your case through Court action and support you through the process.
Why Use John Hodge Solicitors?
Your specialist solicitor will aim to secure for you a just and fair financial settlement. You can expect them to:
- Obtain the all financial information that is relevant, irrespective and particularly where the other parties does not wish to disclose
- Advise on action to preserve what assets exist if required
- Obtain financial orders through the Court if this proves necessary
- Act firmly in your interests
Our experienced Family Lawyers will provide you with technical legal advice in respect of financial settlements and assist you in obtaining financial disclosure in readiness to exchange with your ex partner. We will also advise as to the best course of action in the context of your financial needs, be it in obtaining a Consent Order during the divorce process or alternatively by way of a Separation Agreement.
The law in this area is very flexible to allow courts to achieve fairness depending upon the individual circumstances of each case. There are many factors to be taken into consideration when deciding upon what is fair, and these include:
- The welfare of any children of the family;
- The income, earning capacity, property and resources of each person;
- The financial needs, obligations of each person;
- The standard of living enjoyed by the family prior to the breakdown of the marriage;
- The age of the person and the duration of the marriage;
- Any physical or mental disability;
- Contributions of the parties;
- The conduct of each party but only if it is so bad that it would be unfair to ignore it;
- Any serious disadvantage to either person which would be caused by ending the marriage.
Often a family’s main asset is that of the family home and given that the needs of the children are the first consideration, it will be important to make sure that a suitable home is maintained for them.
It is extremely important for parties who are thinking about going through a divorce, or any kind of separation where there are assets involved, to obtain specialist legal advice in order that your rights and assets can be protected. At John Hodge Solicitors you’ll always get sympathetic specialist advice from your family lawyer. You won’t be pressurised into anything you don’t want to do but will receive a realistic and professional service and one that you are comfortable with.
We have Family Lawyers across Bristol and Somerset with offices based in Bridgwater, Clevedon, Wedmore, Weston-Super-Mare and Yatton.
Our experienced Family Lawyers offer a free initial consultation within which your Family Law issues can be discussed with no obligation on your part to instruct us moving forward.