Stephen – Just to say a massive heartfelt THANK YOU for all your work and support , not only on the sale of our business but the opening too.
You’re truly one in a million, and we appreciate all you’ve done.
Most people contemplating separation or divorce feel very uncertain and sometimes quite fearful about their futures and whether they will be able to manage financially.
They understandably worry about housing and other financial issues and whether their incomes will be sufficient for their needs and also the needs of their children. They worry about whether they will have sufficient pension provision, some worry about how liabilities are to be dealt with.
We have huge experience in helping clients to re-establish certainty in their lives by negotiating satisfactory financial settlements for them. Our commitment is always to achieve only the very best outcomes for our clients in order to enable them all to face the future with absolute confidence and certainty.
Establishing how to move forward is often the most challenging issue clients face. You may have read about mediation, or collaborative law or arbitration or court proceedings. You may feel confused about which one is right for you. We understand.
It is important that you understand what the end goal is in all of this, and that is a court order called a “financial consent order”. That means you reach an agreement and the terms of that agreement are drawn up in a financial consent order.
There are different methods of negotiating the terms to reach that end goal, and parties can embark upon Mediation, negotiations via Solicitors or Arbitration.
The end goal for you must be reaching a financial agreement which needs to be approved by a Judge at the Family Court.
The agreement and consent order will deal with a variety of issues such as :
· Your right to savings
· Your rights to any property
· Any Pension Sharing Order
· How savings or other investments are dealt with
· How liabilities are dealt with
· Any international assets
· Business interests
· Child maintenance or school fees.
When the Court`s consider financial remedies upon divorce they are guided by criteria under Section 25 of the Matrimonial Causes Act 1973 which takes into account the following factors
- Both parties` assets and finances that you own now or in the foreseeable future
- Both parties` current and future housing and income needs
- Each of your earnings and earning capacity
- Whether there is a foreseeable change to either parties` financial situation
- Any child`s age and needs;
- The ages of both parties and the health of the parties, in particular any disability a party or child may have.
- The length of the marriage
- Any relevant contribution (more relevant in short / medium term relationships)
Whichever way you proceed, below sets out the 3 key steps which are very important to keep in mind as they are the key steps to the final settlement :
Your first step is to decide which way forward is the most appropriate one for you as an individual. Some clients choose mediation, others choose Solicitor negotiations, but for some the court process is absolutely vital and necessary.
It is very important indeed for you to choose the right way forward for you as an individual. This choice is so very important, because it will undoubtedly dictate how much expense you incur and whether the approach with your ex-partner is a conciliatory one or an adversarial one, or perhaps a combination of both. Our expert Solicitors will guide and advise you.
Your second step, to get the best outcome for you, is to ensure that we have a very clear and accurate picture of all the relevant assets, liabilities, incomes, and pensions of each party.
This process is called “full and frank disclosure” and before the processes of mediation, collaborative law, or the contested court process, can proceed all the parties involved need to be aware of the full picture of assets, liabilities, incomes, and pensions of the parties supported by relevant documentary evidence.
Once we have all that information, financial disclosure is satisfactory and any relevant values are agreed, we can use that information to negotiate the best outcome for you.
Your third step, once there has been a full disclosure of all the relevant assets, liabilities, incomes, and pensions, is for negotiation to take place to achieve the very best outcome for you as an individual.
You have a choice about where these negotiations take place.
Here at Laker Legal Solicitors our divorce lawyers and divorce Solicitors are experts in the divorce process and dealing with financial claims upon divorce.
We have dealt with thousands of cases over many decades of legal practice and concluded many financial order cases by consent. It is true that not all matters are able to conclude by consent / agreement and therefore you need to have very clear and confident legal advice to guide you along the way to a swift and economical conclusion.
We have dealt with many cases which include issues such as :
- Lack of financial disclosure, penal orders and committal proceedings as a result of a Husband not providing financial disclosure.
- Section 37 Freezing Injunction to freeze assets pending a final outcome. This can sometimes be necessary in the event one Spouse seeks to dissipate matrimonial or even non matrimonial property.
- The instruction of experts to value assets such as company, partnership or LLP assets, or Actuaries to value pensions. Chartered Surveyors, Financial Advisers Commercial Accountants and a variety of other experts may sometimes be needed in certain cases.
- The valuation of Pension or Company assets, from hundreds of thousands to multi million pound valuations.
- Periodical Payments (Spousal maintenance) cases resulting in life time orders.
You are in safe hands at Laker Legal Solicitors, so please call us today to discuss your matter with us.