Financial Orders & Agreements

In a divorce, dissolution or separation, there are often financial issues that need to be resolved between spouses and civil partners. What is going to happen about the house? Will it be sold or transferred to one of you? What happens about pensions and savings? Will one of you be expected to pay maintenance?

Sorting out the finances can be very worrying and very confusing.

If you have reached an agreement about what will happen, it is still vitally important that you get legal advice on the proposed deal before you implement it, to make sure that you are getting a deal that is fair and meets your and your family’s needs.

Even if there is an agreement, it is vitally important that the deal is formally recorded in a financial consent order if you are divorcing or ending a civil partnership. If you are separating, then you will need a separation agreement. If you don’t formalise the agreement in this way, then your agreement may not be binding, you won’t be able to enforce it through the court and you will be at risk of further financial claims in the future, even after a divorce or civil partnership dissolution. Preparing a financial consent order involves highly technical and skilled legal drafting which a layperson is unlikely to be able to do properly.

Armstrong Family Law is committed to resolving these types of disputes wherever possible by avoiding going to court. There are many better ways to resolve financial disputes, which are usually less expensive and much faster than court proceedings. We will help you decide whether you should enter into negotiations or use mediation or the collaborative process or family arbitration to resolve disputes.

Most cases are resolved by agreement . However, where an agreement has not been possible, Armstrong Family Law can advise you and represent you in a contsted application to the Family Court for a financial remedy order.

Armstrong Family Law can:

  • advise you on the likely financial outcome in a divorce or dissolution
  • obtain financial disclosure from your spouse or civil partner
  • negotiate constructively on your behalf to obtain a fair deal that meets your needs
  • obtain a binding financial consent order from the court
  • negotiate using a collaborative negotiation process rather than contested court proceedings
  • advise you if mediation is suitable in your case and, if so, advise you throughout the mediation process and in relation to any proposed agreement reached in mediation
  • resolve disputes using arbitration rather than applying to the court
  • represent you at the Family Court in relation to a contested application for a financial order
  • enforce financial orders

In divorce and dissolution proceedings, the Family Court can make various kinds of financial orders:

  • periodical payments orders for spousal maintenance (including interim orders)
  • agreed child maintenance orders as an alternative to a Child Maintenance Assessment (or it can impose an order where the Child Maintenance Service cannot make an assessment)
  • an order for payment of a lump sum
  • a property adjustment order to transfer a property
  • an order for the sale of a property
  • a pension sharing or attachment order.

Armstrong Family Law can advise you on how to achieve a fair share of the family finances that meets your and your family’s needs.

In most cases, a financial order can be made by agreement with your spouse or civil partner following negotiations, mediation or collaborative meetings. It is not usually necessary for you to attend any court hearings if agreement has been reached with your spouse or civil partner.

If there is no agreement, the dispute can be resolved by using family arbitration or by making an application to the Family Court for a financial order.

The law that applies to unmarried couples is completely different to the law in relation to married and divorcing couples. For details of how we can help unmarried people who are in financial and property disputes at the end of a relationship, please click here.

Armstrong Family Law abides by the Resolution Code of Practice.

If you would like to arrange a consultation, please call on 01206 848426 or click here.

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