Reaching agreement about financial matters
In many cases separating spouses are able to agree how their property should be divided and whether any ongoing maintenance should be paid. As part of a divorce the court will not automatically make any orders dealing with financial matters between you and your spouse. The court will only become involved in such matters if either of you ask for the court’s help. In appropriate cases we will encourage you to attend at mediation with your spouse in order to try to reach agreement before advising you to start court proceedings. We offer a range of fixed cost options for helping you to resolve financial issues on divorce.
Consent orders
If you are able to reach agreement about financial matters then we would strongly advise you to ensure that your agreement is recorded in a formal court order known as a “consent order”. The court has the power to make such an order as soon as the divorce has reached the decree nisi stage. A consent order will set out the details of the agreement relating to such things as who will occupy the former matrimonial home or whether it should be sold, how the proceeds of sale and any other financial assets (including pensions) will be divided and whether one party should continue to pay maintenance for the other party or the children.
A consent order provides security and certainty for the future. In the absence of an order of the court the possibility of your spouse making a claim against you in the future (even years ahead) will always be there.
We can help you at all stages of the process by advising you on an appropriate settlement, negotiating with your spouse and drawing up a consent order for the court.
When you can’t reach agreement
If it’s not possible for you and your spouse to reach agreement about financial and property matters then we will advise you about your options. The court has a wide range of powers to make orders relating to finance and property issues but you will need to give careful consideration to the potential cost involved, the likely benefits and any alternatives, before going down this route. As a cost effective alternative to court proceedings you may wish to consider our specialist collaborative law services to avoid both the cost and stress of court proceedings.
Contact John Pratley or Carol Chrisfield or Tracey Walker or Clair Wygladala
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