Dividing up the finances can make even the most amicable divorce turn sour. Every situation is different and with so many ways to settle, it can end up feeling like an impassable minefield.
So don’t go it alone. The right legal team can help you navigate your way through, reduce the stress and give you clear guidance when you need it most.
At Gepp Solicitors specialist lawyers will apply their expertise to ensure you get an agreement you’re happy with. They’re there to support you, advise you on your options, and protect your interests at every step. We can’t make the situation completely stress-free, but we can certainly help lighten the load.
Coming to an agreement
Engaging with an independent mediator can really help couples resolve their financial issues. If you do succeed in reaching an agreement – with or without mediation – we can help make sure this is recorded in a Minutes of Consent Order. This is important as once this is approved by a Judge, it becomes a binding Consent Order.
What happens if you can’t reach an agreement?
In this situation, the Court has the power to make various orders, including:
- periodical payments – also called ‘maintenance’
- secured provision – to secure that payment against an asset (this is rare and usually only arises in cases where the person paying lives abroad but has assets in the UK)
- lump sum payments – a cash payment
- property adjustment – transferring all or part of one spouse’s interest in an asset
- orders to do with pensions.
Except where there’s an agreement, the Court rarely makes an order for child maintenance as this is usually handled by the Child Support Agency. Consent Orders for child maintenance are more common: rest assured that the Court always puts the interests of your children first, just as you’d expect.
Mediation information and assessment meeting
Before starting Court proceedings, you and your former partner will probably have to attend a Mediation Information and Assessment Meeting. This is to see whether your case is suitable for mediation and whether you’d both be prepared to engage in mediation.
A clean break
In some cases, it will be possible to reach a settlement that completely separates a couple’s capital and income. Called a ‘clean break’, the Court is obliged to consider whether this would be appropriate – but it really depends on the particularly of each case.
Our support at every step
Whether your case goes to mediation or to Court or both, our team will support you with advice and expertise that you can trust at every step. So talk to us for a free initial consultation.