Finances

When a marriage or relationship comes to an end it is important to ensure that the financial arrangements between the parties are fair and reasonable.  This includes dealing with property and other investments or accounts and maintenance provision.

Efforts will be made to negotiate a settlement and the majority of cases are dealt with by agreement.  Of those cases that result in formal application being made to the court, the majority of these also settle well before the final hearing.

Financial matters are more difficult and complicated and involve property, shares, investments, business interests and income.  It is important that you do not sign any documentation that is given to you by your former partner dealing with finances unless and until you have taken specialist legal advice.

When the parties are, or have been, married or are civil partners, the court has the jurisdiction to deal with financial disputes if an agreement has not been reached.  Unlike with co-habiting couples, the court will look at what is a fair and reasonable financial settlement for both parties, taking into account their respective financial circumstances and the needs of any children of the family.  Although the starting point of capital is 50/50, often there are factors which will result in the division being unequal.

It is difficult to be precise in advice concerning finances simply because any award by the court is discretionary and therefore it does not follow any set formula.  We have, however, a great deal of experience in these matters and will be able to give you, at the very least, a range of potential outcomes for you so that you can make an informed decision in any negotiations.

It must be stressed that the divisions on long term finances can potentially affect the rest of your life, so they should not be taken without the benefit of specialist legal advice.