Divorce Advice Direct
 

Financial Claims and Settlements.

Call us now on 020 7749 2700 or email: divorceadvice@silvermansherliker.co.uk

Sorting out the financial arrangements on divorce or separation is often the most time-consuming and involved part of any divorce.

As an option we are able to offer the newly established Collaborative Family Law method of resolving issues, as well as the traditional ways of resolving matters.

This is a new process whereby all the parties, including the lawyers, sign up to an agreement not to go to court over financial matters, and to conduct negotiations via roundtable meetings. This process is suitable in some cases, but not in all, and we will discuss with you in detail whether it would be likely to be successful in your case.

We are used to dealing with complex, as well as straightforward cases, involving several properties, various types of assets, family businesses, very valuable properties, capital gains tax issues, high-income cases, second families and other issues.

There is no automatic 50/50 division - despite what many people believe. The appropriate division of assets and income depends on the particular circumstances of each case. The main criteria that are used in resolving any case, either through negotiation or through the court, are as follows:

  • The welfare of any child of the family;
  • The income, earning capacity, property and other resources of each person;
  • The financial needs, obligations and responsibilities of each person;
  • The standard of living enjoyed by the family before the breakdown of the marriage;
  • The age of each person and the length of the marriage;
  • Any physical or mental disability;
  • The contribution made by each party to the welfare of the family, including looking after the home and bringing up children;
  • The conduct of each party, but only if that conduct is so serious that it would be unjust to ignore it;
  • Any significant financial disadvantage to either party, which would be caused by the marriage being ended.

The court has a very wide discretion and a great degree of flexibility in applying these criteria. In each case its aim is to achieve a fair outcome. Our job is to negotiate on your behalf, to advise you of the range of possible outcomes should the matter go to court, and to protect and promote your interests in seeking a favourable financial outcome. It always remains your case and we never lose sight of this. We will never make offers, or accept any proposals, without your input and direct authority.

We successfully negotiate binding settlements in the vast majority of our cases, without having to incur the very considerable costs, risks, uncertainty and delay, associated with full-blown contested financial proceedings.

You can also visit us at London Divorce Solicitors to find out more information on divorce settlement financial terms.

Call us now on 020 7749 2700 or email: divorceadvice@silvermansherliker.co.uk

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