Financial and Property Claims

You and your spouse may be able to reach agreement as to financial arrangements arising from divorce or separation, including maintenance and how property and other assets may be divided. If this is the case, the agreement that has been reached may be recorded in a Deed of Separation or in a Consent Order to be made by the Court. You will usually not be required to attend court.

If an agreement cannot be reached, an application can be made to the Court for periodical payments (i.e. maintenance), lump sum, property adjustment orders and orders in relation to pensions. These proceedings are called ancillary relief proceedings.

The Court procedures require each party to file a Financial Statement detailing their property, assets, income and financial needs; there will be Hearings before the Court, including a Financial Dispute Resolution Hearing where it will be attempted to resolve matters by negotiation and agreement. If an agreement cannot be reached, a full Court Hearing will take place before a Judge who will decide how the assets should be divided.

When making any decision relating to financial matters, the Court will have regard to all the circumstances of the case and put the welfare of any children first. We will advise you about Court procedures including the preparation of Financial Statements, valuation of any properties, documents that must be disclosed and representation in Court if you are required to attend.

Orders can be made in relation to pensions. A Court must have regard to any pension benefits that either party may have. A Pension Sharing Order will result in the transfer of a percentage of the value of a pension held by one party to a fund in the other party’s name. A Pension Attachment Order is a deferred Order whereby a percentage of benefits will be paid to the spouse on the other party’s retirement.

If you would like any further information on any of the above matters, please contact us on 01928 736672 or complete our questionnaire and we will call you to discuss it further.