Financial and Property

The resolution of financial claims between divorcing or separating couples is a key part of our work.  Where possible, we endeavour to combine effective negotiation outside the Court room but, where matters cannot be resolved in that way, we provide a robust attitude to contested proceedings.  We deal with a wide range of financial cases from very high net worth (our biggest case to date having assets of some £20 million) to very limited asset cases.  We are equally comfortable acting for the financially strongest spouse or the party in a weaker position, either way seeking to find an efficient financial solution to your problem.

In terms of procedure, we initially, in accordance with Resolution protocol, recommend an open and amicable pursuit of financial disclosure, that is to say production of all financial facts and figures, but where this is not feasible, then we recommend the issue of Court proceedings.  This has the benefit of setting a timetable and requiring both parties to ensure that all of their financial information is imparted.

When negotiations therefore fail to achieve the necessary outcome in terms of dividing the capital assets and providing for sufficient ongoing income, an application is made to the Court (urgently if there is an urgent requirement for maintenance for example) and we then assist you with the Court requirements throughout.

Initially, a hearing date will be provided and certain paperwork needs to be completed before then.  There should be a brief opportunity to negotiate before the hearing actually then takes place.  This first appointment is known as a First Directions Appointment or FDA.

At the FDA, the Judge can direct the parties to provide any missing disclosure, to seek a joint valuation of a certain asset and any other housekeeping items that he feels need to be dealt with before the case can progress.

A further Court hearing is then listed – a Financial Dispute Resolution Appointment (or FDR) and at this appointment the Judge will have the opportunity to advise as to what he feels would be a fair solution and likely outcome if the matter is pursued to a Final Hearing.  If in fact all of the relevant information is to hand for the FDA, then the Judge can jump to this stage straightaway.  With judicial input now provided, the parties should feel under some pressure to resolve matters in accordance with the Court’s guidance.  If that is not possible however, then the matter is listed for a Final Hearing.

It is fair to say that the majority of cases will settle before a Final Hearing is required, but where that is necessary, we will ensure that you have suitable representation by way of competent Counsel and that all necessary arrangements are put in place for that hearing.  A Judge will then make a decision as to the final conclusion of the case.

We have strong links to a leading Barrister’s Chambers in London and, where appropriate can, during the running of the case, seek Counsel’s Opinion for you if you would, for example, like a second opinion as to the likely attitude to be taken by the Court with regard to the issues you have in your particular case.

Aside from Court proceedings, there are other solutions to negotiating your financial settlement, the most obvious of which may be to actually discuss matters direct with your spouse or partner.  If that is not possible, there may still be options for mediation and Collaborative Law.  Please see our dedicated section regarding the Collaborative Law process.

As to mediation, this is the process involving both parties attending with an independent qualified mediator to attempt to resolve the issues between them.  Not only is mediation useful for addressing financial matters, it can also be most helpful to couples who have concerns regarding arrangements for their children.  We can recommend you to several mediators in our area if you would like to explore that option.

Whatever the route you may adopt in order to reach a resolution of the financial aspect of your divorce or separation, we strongly recommend that you seek our expert guidance as to the process and the necessary steps to be taken to put any agreement into effect.  This is not a straightforward area that should be dealt with without expert advice.