Disputes over finances

There are only two ways to resolve the financial issues in a divorce or separation: by agreement with your partner or by a judge reaching a decision after a trial.

If financial matters cannot be reached by agreement, either of you can make an application to the court for the court to decide the issues (mediation should be attempted first). Following this, a timetable will be laid out leading to a final hearing when the judge will impose a settlement that he/she believes to be fair.

Our family law solicitors understand that this is likely to be a stressful time for you. We are here to make the process as straightforward as possible so you can start moving on with your life in financial security.

Book a free appointment with our family law solicitors

Frettens are pleased to offer a free initial appointment for all new clients. We recognise the importance for clients of deciding whether they can work with a particular solicitor and to find out more about the process and likely outcome. Our family lawyers offer positive, down to earth advice, and we hope that this initial meeting allows you the time to see this as well.

Contact us if you would like a free initial appointment with a member of our Family Team at our Christchurch or Ringwood office, with no obligation or charge. Give us a call on 01202 950209 or fill in our simple online enquiry form.

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How our family lawyers can help

However challenging it is to negotiate finances with your former partner, securing a settlement or a Financial Order is essential. The process of ending your marriage does not sever your financial obligations to your former partner. Without a settlement, they could make legal claims against you at any point in the future – even if this is not an issue now, what about if you receive an inheritance or win the lottery?

Our family law solicitors can help you resolve all types of financial dispute upon separation, no matter how complicated.

Personalised advice to suit your needs

Whether you need some support navigating challenging aspects of your divorce financial settlement or you need help resolving a full-blown dispute, we are here to assist you. Every divorce and finance case is different, not just in terms of the money and property involved, but in terms of you and your former partner’s communication styles, expectations, and concerns.

We can apply decades of combined experience to find a tailored resolution that works for you. We take a practical yet sympathetic approach with the aim of achieving a positive outcome that allows you to move on independently and with confidence.

Financial disclosure

Whichever way the financial issues are resolved, a key aspect is financial disclosure. You are both required to provide a full disclosure of your financial circumstances and needs to the other – usually, this information is presented in a document called Form E. You have to know what’s in the pot before you can begin deciding what represents a fair settlement. We are able to guide you through this difficult process, offering pragmatic and supportive advice at this challenging and stressful time.

Negotiating divorce finances

A dispute with your former partner over finances does not automatically mean you need to resort to court. We can help you navigate negotiations wherever possible to find a suitable compromise.

Due to our years of practical experience, we are often able to help individuals explore options that would not have otherwise occurred to them. For example, if your partner is reluctant to share their pensions with you, we can provide advice about other options such as pension offsetting which would ensure you receive a fair financial settlement while allowing your partner to keep the whole of their pension.

Alternative Dispute Resolution

Alternative Dispute Resolution processes are designed specifically to help individuals resolve legal issues without going to court.

At Frettens, our team of family lawyers includes qualified collaborative lawyers, Andrew Stynes and Simon Immins. Collaborative law involves attending a series of meetings with your former partner and your respective collaborative lawyers to negotiate family law issues, such as financial disputes upon divorce and separation. Your collaborative lawyer will be trained to provide legal advice during these types of meetings and negotiate on your behalf. You can also invite other professionals such as tax advisors and accountants to provide their input and help you come to an agreement.

We can also provide advice about mediation. Like collaborative law, mediation involves attending a series of meetings with your former partner to discuss family law issues. However, instead of a collaborative lawyer, you are joined by a qualified mediator. The mediator’s role is not to take sides or negotiate for you, it is to guide your discussions and help you defuse any conflict.

It is usually necessary to explore whether mediation is right for you by attending a MIAM (Mediation Information and Assessment Meeting) before you can apply to court for a Financial Order.

Court Financial Orders

The court has powers to make a wide range of financial orders for separating couples, such as:

  • Orders about the division of assets, including orders to sell or transfer property
  • Pension related court orders
  • Orders for interim and ongoing spousal maintenance

If an out-of-court settlement is not possible in your case, we can provide advice about applying for a Financial Order to settle your divorce financial proceedings. We will explain the process in clear, understandable language and provide advice on the best way to proceed. Our aim is to make the process as simple, cost-effective and stress-free as possible. However, our first priority will always be to secure the best outcome for you.

Book a free appointment with our family solicitors

Frettens are pleased to offer a free initial appointment for all new clients. We recognise the importance for clients of deciding whether they can work with a particular solicitor and to find out more about the process and likely outcome. Our family lawyers offer positive, down to earth advice, and we hope that this initial meeting allows you the time to see this as well.

Contact us if you would like a free initial appointment with our family law solicitors in Christchurch or Ringwood, with no obligation or charge. Give us a call on 01202 950209 or fill in our simple online enquiry form.