Financial remedy proceedings
When a marriage or civil partnership irretrievably breaks down, and where the division of marital or partnership assets cannot be agreed between former spouses or civil partners, the court will be required to make an order within the context of financial remedy proceedings.
Even where an agreement can be reached as to how the matrimonial or partnership pot is to be split on divorce or dissolution, a consent order must still be put before the court for approval, where financial remedy proceedings will need to be issued to facilitate this. In this way, an agreement will be legally binding and therefore enforceable through the courts, while also preventing either party from pursuing any further financial claim at a later date.
However, financial remedy proceedings can often be complex and protracted, not least where there is any dispute over all or some of a couple’s individually and jointly-owned assets. Further, if the finances of a former couple are not entirely straightforward, the process of financial disclosure required for both contested and uncontested proceedings can be challenging. This is the process whereby both parties to a marriage or civil partnership are ordered to disclose details of all their income, property and assets. This is to enable the court to fairly assess the respective economic needs, obligations and responsibilities of each spouse or civil partner in the context of their financial worth on divorce or dissolution.
When seeking to reach a financial settlement, or where a settlement cannot be agreed, having an experienced family solicitor on board to carefully assess and advise on how best to proceed can be crucial. A solicitor can also help to navigate any legal and procedural pitfalls, minimising the stress so often associated with financial remedy proceedings.
What we do for our clients
At Farnworth Rose Solicitors we have a wealth of experience in helping clients deal with the division of property and finances following the breakdown of their marriage or civil partnership. This includes where former spouses or civil partners can agree as to how to divide their assets on divorce or dissolution, but approval of the court is still required. It also includes representing the best interests of our clients in the context of bringing or defending contested financial remedy proceedings and achieving the right result for them.
Our expert team of family solicitors have helped a wide range of clients to amicably agree a fair split of their marital or partnership assets and to secure the court’s approval in this regard. We have also helped clients to successfully pursue or defeat contested issues before the courts, helping to maximise the best possible outcome based on their circumstances.
How we can help you
If you have recently separated, or are currently going through a divorce or dissolution of your civil partnership, we can help you through this difficult process, including resolution of the marital or partnership finances in the context of financial remedy proceedings.
If your finances are straightforward and agreement can be reached, we can advise you on the fairness of that agreement, before documenting its terms in writing. For more complex cases, involving high net-worth individuals or contested issues, we can again help to prepare the matter for court, at all times helping to safeguard your financial position, regardless of whether you are the financially stronger or weaker spouse or civil partner.
To find out how we could help you in reaching a suitable financial settlement, or bringing or defending contested financial remedy proceedings, please get in touch with our expert team. We will be happy to respond to any enquiries and provide you with a tailored quote.
How you can contact us
For expert advice and assistance on financial settlements and financial remedy proceedings, call Farnworth Rose today on 01282 695400 or complete the form below.
