Financial implications of marriages, relationships, or breakdowns of civil partnerships can be tense and complex. By understanding your individual financial rights, responsibilities and available options, you'll be well-equipped to make informed decisions before reaching any agreement with your partner or former spouse.
Our knowledgeable team of family solicitors are here to support clients through proceedings, reaching fair financial remedies with clear guidance and expert advice.
There are many different financial outcomes that can be reached following the breakdown of a relationship. We help clients navigate the process of financial remedies to finalise outcomes including lump sum payments, property transfers or sales and ongoing financial support.
Understanding the law surrounding finances can be daunting, especially when conflict and legalities become involved. Our team are experienced in all areas of family law, and offer expert advice to reach a solution that offers peace of mind and a secure future.
Our family team represent clients across Yorkshire, from North West and South Yorkshire including York and surrounding areas, Bradford , Wakefield , Leeds , Huddersfield , Sheffield and more.
We want to make sure you get the right solicitor for you, so we offer everyone a free initial consultation to tell us about your situation. You can then decide if we would be a good fit to represent you. You can book a free thirty-minute appointment by calling 0800 138 0458 or using the form below , and our solicitors will get in touch.
For a free initial consultation, give us a call on 0800 1380 458, or get in touch via our website.
Working through how finances and assets should be settled after a divorce or a relationship split can be confusing and stressful. At Switalskis, our legal team are fully equipped to make the journey easier, by simplifying the complexities and guiding you through financial proceedings.
We understand these can be challenging times, which can take an emotional toll on you and your family. In our approach, we’ll explain your rights and options, tailoring our advice to fit your unique financial situation. We focus on answering any questions you may have, and addressing your needs so we can help you achieve a fair financial outcome.
Many of our lawyers are part of Resolution, a respected group of family law specialists. This means you can trust us to give you up-to-date, high-quality advice. We’re well-versed in all aspects of financial remedy proceedings, making us fully equipped to offer you the expert advice you need.
Financial remedy orders are legal, court-led orders which sorts out the division of money, property and other resources with your former spouse or civil partner. This usually involves dividing up assets such as property, savings and investments, pensions, business assets or other assets such as in trusts.
When parties cannot agree on a financial settlement through mediation, one party may decide to start financial remedy proceedings. Through this the court will assist in determining a fair financial settlement. The court will then resolve any financial issues between the parties, through a financial remedy order, outlining how finances are to be split.
Determining how to split assets following the breakdown of a relationship can be challenging, and it's not unsurprising that people require advice to ensure they are properly provided for in the future. Every person and case is different, and the process can take several months to reach a settlement. Strong legal representation by an experienced solicitor is crucial to navigate the complexities of the law, protect your interests, and help secure a fair and lasting outcome. The following steps break down the process of financial remedies proceedings:
Before entering into the process of financial remedy proceedings, mediation must firstly be explored.
If parties cannot reach an agreement through mediation, one party may start a claim by completing a form (known as Form A) and issuing at court. At this stage, the court will then notify both parties of a first appointment, including some key dates and actions to follow.
Before the first hearing, both parties are required to exchange documents (known as Form E's) disclosing information about their jobs, earnings, savings, debts, expenditure, pensions and property. Once exchanged, either party may have questions to clarify what is in it (or what isn't), which can be raised at the first hearing.
The first court hearing is known as the first directions appointment (FDA). If more information is required the court will order what is to be obtained and by what date.
If all information is already avaiable this FDA can be used as a financial dispute resolution hearing. The judge will hear what each person thinks the outcome should be and give their opinion on their prospects of success.
The majority of cases are resolved by agreement at or before an FDR. This is where the judge will become more involved and share views on how matters are likely to be decided and prompt negotiation between parties. However, it is up to the parties to solely reach a decision, not the judge.
If matters are not resolved, a final hearing will be held. This is where the judge listens to evidence and makes a decision for the parties. This can involve the judge ordering sale of property, sharing of pensions, payment of a lump sum or monthly maintenance.
At the end of financial remedy proceedings, the judge will make an order which sets out the terms of the settlement. This is based on either an agreement reached by both parties, or decided by the judge if they can’t agree. There are multiple outcomes, such as:
Financial remedy proceedings, which determine the division of assets after a relationship split, can vary significantly in time to complete. If the case is relatively straightforward, a settlement may be reached early, and resolved in a few months.
However, if a case goes to a final hearing and has complex issues to address, it can take a year or even more. The complexity of the case, the level of cooperation between parties, and the court's workload all play a role in the duration.
To apply for a financial remedy, you will need to fill in a financial order application form. This involves sending the completed form (Form A) to your local financial remedy court.
At Switalskis, our specialist financial remedies solicitors can guide you through the application process, ensuring you have all the necessary documents and are prepared for your first hearing. Making these applications can be daunting, but our team's dedicated legal guidance makes the process easier and jargon-free.
When considering a financial remedy case, the court will take into consideration all of the circumstances of the case. The court will determine how much is in the 'marital pot', and following this, the court will commence the process of determining an equitable division of assets. When taking these factors into consideration, the court will prioritise the welfare of any children and then the needs of the parties involved.
There are multiple factors that the court will consider, including:
Although both divorces and financial remedies go hand in hand, the two are actually entirely separate processes. Financial remedy proceedings aim to be undertaken and completed before a divorce is finalised, but both matters run separately.
A divorce formally terminates your marriage, where as financial remedy proceedings deal with the practical and financial implications of the divorce. This typically includes the financial aspects of ‘who gets what’ and potential claims for maintenance that may be required after the separation.
Financial remedy proceedings can be complicated and stressful. Having a trusted solicitor by your side can simplify the process, and is often crucial to understand the different stages of the process.
At Switalskis, our financial remedy solicitors have a experience in all types of cases, and can offer straightforward advise and strong legal representation, so you can focus on moving forward.
For a free initial consultation, give us a call on 0800 1380 458, or get in touch via our website.
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Financial proceedings can be challenging, but you don't have to do it alone. At Switalskis, we offer straightforward, practical advice so you can navigate this challenging time without the complexities.
There are many possible outcomes for financial remedy proceedings, which often involves complicated legal steps. Our solicitors clear up the jargon and guide you through each stage clearly, so you can make confident, informed decisions.
Separating from a relationship is an emotional and difficult time. It is a significant life change, so our focus on what you really need from the process, and tailor their service to suit you.
You can count on us for reliable advice that will stand the test of time. We're equipped to manage even the most challenging financial remedy proceedings seamlessly.
We're not just about ticking boxes and filling in forms; we advocate for you throughout the process. Our aim is to achieve a financial settlement that sets you up well for your future. Whether this is your first time going through a separation or you've experienced it before, we'll make sure you're legally protected.
If you're going through a separation and want to know more about the financial remedy proceedings process, chat with our team today. You can call us on 0800 138 0458 or send us a message through our website.