Financial Negotiations

At Consilia Legal, our team of specialist family solicitors have the necessary expertise to assist and advise you in negotiating a financial settlement with your spouse or civil partner no matter however unique or complex your finances appear to be.

We know that every situation is different and we aim to work with you to achieve the best outcome for you.

When you and a partner/spouse separate you may have numerous issues to resolve in relation to your financial affairs. If you are married or in a civil partnership then you will have a host of matrimonial/nuptial claims to resolve in relation to:-

  • Capital – including your home, any savings, investments and other saleable assets;
  • Pensions – there are different options as to how pensions should be treated;
  • Business – You and/or your spouse may be directors and/or shareholders of a company or have an interest in a partnership;
  • Trusts – you may have assets which are held within trusts;
  • Inheritance – you may have inherited monies prior, during or following the breakdown of your relationship with the other party;
  • Income – you or your spouse may need to continue to financially support the other;
  • Liabilities – you or your spouse may have incurred debts during the relationship.

We can help you to resolve these issues by advising upon legal principles which are set out in statute, principally Section 25 of the Matrimonial Causes Act 1973 and a host of updating legislation and case law (decisions of the Courts) which inform us as to how the law is interpreted. The law sets out a checklist of factors and the importance of each factor will depend upon your individual situation. In the majority of situations, a balancing act is required and there is often no one clear cut answer but rather a range of solutions which would be acceptable in law and endorsed by a Court.

You may find that family and friends are eager to give advice based upon what happened to them or to someone they know. It is vitally important however that you speak to a family law specialist who can inform you of what the law says and how that applies to your unique set of circumstances.

When deciding on financial issues there are a range of methods available including:

  • Do it yourself:
  • Negotiate through your solicitor;
  • Family mediation;
  • Arbitration;
  • Collaborative law;

Before you are able to make an application to court you are required to attend a mediation information assessment meeting (MIAM) to see if mediation is suitable to resolve matters.

In the event that mediation is not suitable or you do not wish to engage in the mediation process with your spouse/partner, you can obtain a form from the mediator to evidence that you attended your MIAM and you can then complete an application to court.

Agreeing matters prior to issuing court proceedings

If you manage to reach an agreement directly with your spouse/civil partner then it is important to get the agreement properly drawn up by a family specialist into a Consent Order which is a legally binding order within  In the event that divorce proceedings are not issued, we would recommend that a Separation Agreement is prepared to document the agreement reached.

Issuing Financial Remedy Proceedings

The Court Process:

First Stage

The court will provide you with a timetable for a number of documents that need to be prepared and exchanged with the other party before attending court. This includes the following:

  1. Financial Disclosure by way of Form E;
  2. Concise Statement of Issues;
  3. Chronology;
  4. Questionnaires;
  5. Form G (assessment of costs to date).

Second Stage

This is when you have to attend the First Directions Appointment (FDA). At this hearing the Judge looks at the questionnaires that are proposed and it is an opportunity to raise questions if the other party refuses to provide certain information. The Judge can make an order for the document to be disclosed if necessary. If there is no dispute in relation to disclosure the FDA can be used as a Financial Dispute Resolution (FDR) hearing.

The Judge may also consider the appointment of necessary experts at the FDA.

Third Stage

Following the FDA if the case is not settled, the matter is listed for a Financial Dispute Resolution (FDR) hearing. The FDR is an opportunity for the parties to agree matters and the majority of matters are resolved at this stage when both parties are present at court with their legal advisors. At this hearing the Judge will provide their provisional view on how matters should be settled and how they see matters being dealt with at a final hearing. This should in turn prompt parties to negotiate after listening to the Judge’s opinion. If matters cannot be resolved the judge hearing the FDR will have no further involvement in the matter.

Fourth Stage

If matters can not be resolved at the FDR, the case will procced to a Final hearing. This is where the Judge will listen to evidence and make a decision as to the outcome of the case. It is highly likely that you will need to instruct a barrister to act on your behalf at this stage. In preparation for the final hearing bundles need to be prepared and evidence exchanged and filed at court. The Judge will inform parties of his/her decision and a range of orders can be made including to sell or transfer property and the parties will have to comply with the order.

In the event that parties are able to agree matters within the court process, the applicant’s legal advisor can draft a Consent Order and submit this to court which will bring the case to a conclusion. Parties are encouraged at every opportunity within the court process to resolve matters and it is a last resort to seek the final determination of a Judge.

Frequently Asked Questions

What is a ‘clean break’ and how can I achieve it?

A ‘clean break’ is achieved when the finances of a marriage are resolved and there is no ongoing maintenance claim. A ‘clean break’ ends all financial ties between the parties. This is recorded in a Court Order. You can have a deferred clean break if maintenance payments are agreed until a certain time/date and after that date a ‘clean break’ can then be achieved.

Can I agree in a Consent Order the amount of child maintenance payable?

In a Consent order any reference to child maintenance is binding for a year and thereafter if there is a dispute by either party in relation to the amount payable the only redress would be through the Child Maintenance Service (CMS) agency. If the figure agreed is higher than the recommended amount by the CMS then you can only enforce the amount recommended by CMS through them. The court will only enforce the amount within a year of the Consent Order being sealed by the court.

I can’t afford to pay the legal fees but my spouse has assets?

If you are unable to afford a solicitor but your spouse has an income and assets, it is possible to make a claim for Maintenance Pending Suite and a Legal services order.

I want to go to mediation but my ex-partner refuses to attend?

Mediation is a voluntary process and although the court insist that a mediation information assessment meeting (MIAM) is attended it does not mean that the other party has to agree to engage in the process. The mediator can offer shuttle mediation to ensure that the parties do not have face to face contact in an attempt to resolve matters without the need of the court’s assistance, however this is their choice.

I obtained my Decree Absolute 3 years ago and didn’t agree the finances. Can my ex-partner make a claim?

Yes they can. Until you agree the terms of a Consent Order and obtain the court’s approval then you will remain financially tied to one another. If one of you was to remarry you would not be able to make a claim for spousal maintenance.

 

At any point before a financial order is made, either party could issue court proceedings and you would be required to go through the court process and exchange financial disclosure with the view to reaching a financial settlement or the matter being determined by the court.

Should I apply for my Decree Absolute before I have sorted out the finances of the marriage?

If you obtain your Decree Absolute you are no longer husband and wife and as such you will not be able to make a claim on your spouses’ pension or other benefits from a final salary pension scheme. If you are applying for a pension sharing order the timing of the application for Decree Absolute is crucial if your spouse passes away before this is implemented.

My Spouse has had an affair, surely this is taken into consideration in distributing the finances?

Unfortunately this is not the case and conduct of the parties in most cases has no bearing in the distribution of marital assets. It is extremely unusual for conduct to be taken into consideration when distributing the marital assets.

Contact Sarah

What Our Clients Say About Our Family Law Services

Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

Jen Huggett

Absolutely five star service from Laura Clapton and her team, always kept informed of progress, and Laura was always available on the end of the phone to answer any questions. Highly recommended, thank you Consilia Legal.

Jane C

Professional and personal. Vicky was very caring and listened to my issue, advice was clear and easy to understand. Vicky ensured my mind was at ease and I knew my options. Excellent service. Sarah really knows the family sector, she puts you at ease instantly and ensures you are aware of all the options. Would definitely recommend this service. Thank you for your help.

Catherine White

Vicky guided me through the legal context of an employment and was very efficent, approachable and supportive. I would highly recommend this company and Vicky to others who need legal support and advice. Many thanks.

Maureen Sheridan

Had a great experience working with Victoria. Felt completely comfortable asking all kinds of questions and she always explained them really well.

Julia Mariani

I often get clients asking if I can assist with employment and family matters. As this is not my area of specialism I am conscious to help assist by passing them onto a trusted source who will look after the client in the best manner possible and with the same approach and ethos as myself. For employment and family matters I recommend to Consilia Legal as they contact the client promptly and provide practical no nonsense advice at a great value. I have no hesitation in recommending their services and will continue to direct my clients to them for this type of legal advice.

John Bailes

What our clients say about Consilia Legal on

  • review rating 5  Very professional and got the right result for me in a very timely abs efficient manner. Great service, good advice and an excellent result I couldn’t have got on my own

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    5/23/2019
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  • review rating 5  I would have no hesitation in recommending Consilia Legal. Being in the more than capable hands of Marie & Andy collectively, helped me through an employment issue, which was difficult at times. However the support I received was highly proffessional, with a very caring approach at all times & they guided me through the process. Thank you so much. Elaine

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  • review rating 5  Marie and her staff have been very helpful. Marie had assisted me previously with an employment law issues so I had no hesitation in engaging her again. She helped me through an unpleasant job related matter when I was at a low ebb and feeling unable to fight my own corner. As before Marie gave sound, straight forward advice and took over the handling of communication with my employer until the matter was resolved. When I had to take action myself Marie was always there to consult if I was worried about something. I would thoroughly recommend Consilia Legal to anyone.

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  • review rating 5  Consilia provided a great service during a difficult period when I was made redundant. Vicky showed great professionalism and expert knowledge in addition to genuinely caring about resolving my situation. I would highly recommend them.

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    11/06/2019
  • review rating 5  Very quick and reassuring response from Andy and the team here after a very difficult situation at work. Referred from Citizen Advice Bureau because all other firms seemed less bothered about my needs versus their fees. Andy gave great advice and helped explore my options so I could respond appropriately without being cornered by my work. Ended up with a very amicable outcome! In difficult times you need people like Consilia to help guide and support you... thanks guys

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