Making arrangements about your finances when a relationship ends is often a high priority and a very emotive issue. Getting good legal advice at the start can help you through the process and to help you to work out your priorities.
If both of you can agree the financial arrangements you may not need to go to court. Your solicitors can prepare a ‘consent order’ setting out your agreements and can ask the court to approve it, but the Court can amend the order or reject it.
If you can’t agree how to divide your money and property mediation might help you to reach an agreement. If you are able to agree, you will still need to apply for a consent order after mediation to make it legally binding.
If you can’t reach agreement, or if mediation isn’t appropriate (eg if there has been domestic abuse) you can apply to the court for a financial order (this used to be called Ancillary relief). You must have started the paperwork to divorce or dissolve your civil partnership but you must not yet be at the stage of getting the decree absolute or the final order.
Financial separation at the end of a relationship can deal with:
- Property – houses, land or investment properties
- Savings – bank accounts and investments
The types of financial payment you can agree include:
- Lump sum payments
- Ownership of a property
- Maintenance payments for children or living expenses
- A share of pension payments
It is important that you protect your assets while your financial separation is being sorted out. Our private client solicitors can help you to make sure that you have appropriate arrangements in place for the ownership of your property and can make a will for you to make sure that your assets are protected if you die before the financial matters have been settled.
Our friendly and pragmatic private client solicitors will talk to you about your concerns and work out how best we can help you.
When you contact us we will ask you to tell us:
- A brief description of your problem
- Your contact details, including the best phone number to contact you on
- Whether you plan to pay privately for any fees or whether you intend to apply for legal aid. (To find out whether you might qualify for Legal Aid please visit www.gov.uk/check-legal-aid)
At Glaisyers we will always help where we can. In some cases, where we can’t deal with your family law enquiry ourselves, we will refer you to a trusted independent solicitor who specialises in the particular area you need.