Myers Law has considerable experience in helping clients achieve financial settlements. Whether your situation is simple with few assets, or substantial and complex; we will help you navigate through your divorce with as little disruption as possible.
Negotiations upon divorce tend to centre around the division of savings, property, income and pension rights.
Where an agreement can be reached between parties, we offer a fixed fee to draw up a Financial Consent Order which will be sent to the court and made legally binding by a judge.
If resolution through negotiation isn’t possible (either at mediation or via solicitors’ correspondence) it will be necessary for you to issue Financial Remedy proceedings at court. Before your initial court hearing, both parties will be ordered to exchange their respective financial information via a document called a Form E.
It is hoped that with some input from a judge at the first or second hearing that the parties will be able to reach an agreement. If the parties cannot reach an agreement then the matter will be listed for a final hearing and a judge will make a decision on the division of assets for the parties.
We will guide you through every step of the court process and represent you at court hearing.
This may include interim court hearings where, for example, interim applications are made for spousal maintenance or an order for your spouse to assist you with your legal fees, or a freezing injunction to stop your spouse from selling or disposing of assets in an attempt to defeat your financial claim.
Financial orders vary depending on the individual aspects of each case. In deciding what is fair and reasonable, the family court is guided by a checklist set out in Section 25 of the Matrimonial Causes Act 1973. The first consideration is the needs of any children. Thereafter the court will consider a range of factors including:
- The income and earning capacity of each party
- The financial needs, obligations and responsibilities which each of the parties has or is likely to have in the foreseeable future.
- The age of each party
- The length of the marriage
- Whether there is any foreseeable change in either party’s finances
- The standard of living enjoyed by the family before the breakdown of the marriage
- Any physical or mental disability or either party
- Both parties’ health, and whether this will affect future abilities to earn
- Other contributions a party has made to the welfare of the family including looking after the family home or caring for the family.
