When couples separate, one of the most difficult and worrying aspects is how to resolve the joint finances. This applies to married couples, civil partners and unmarried couples. If you are not married, please see our page on Unmarried Couples – Separation

For married couples and civil partners, the legal position is, for practical purposes, the same. Spouses and Civil Partners are entitled to a financial settlement and are able to claim for financial relief in the family courts alongside Divorce or Dissolution proceedings.

Provision can be made for sharing property, cash, investments, income and pensions.

As with Divorce or Dissolution, it is hoped that an agreement in respect of the finances can be reached amicably between the parties and without the need for either to attend Court.

A final resolution can be reached through:

1. Mediation
2. Negotiation between Solicitors
3. Arbitration
4. Court proceedings

In order to get the best resolution and to have access to the best advice, it will be necessary for you and your spouse or civil partner to disclose to each other your financial positions. It is essential that any resolution is reached fairly and that you fully understand the assets and the claims that you may have.

Once an agreement or resolution has been reached, it is sensible to draw up a document to reflect that agreement. This can be by way of a Separation Agreement or a Court Order. In general and where appropriate, we advise you to obtain a Court Order. This can be done by consent and without a Court hearing. A Court Order formalises the position and allows certain provisions to be made, which cannot be made via a Separation Agreement, such as Pension Sharing Orders or dismissal of future financial claims.

Your case is unique. At Hepburn Delaney we believe it is important that you only pay for the advice that you require. Rather than offering fixed fees which can result in you paying more, we offer competitive hourly rates for advice on financial remedy.

The advice you require will depend upon numerous factors, for example you may have already reached an agreement which will limit the extent of the advice that you require from your solicitor. Alternatively, you may wish your solicitor to consider the financial disclosure, which will be considerably more time consuming. Court proceedings are inevitably more expensive and the costs can be in the thousands. For this reason you should always explore whether settlement can be reached without a Court application.

Your legal fees will not be dependent upon the value of your assets, but upon the complexity of your matter and the time it takes for us to reach a final resolution.

We will discuss your costs regularly and give you estimates which are individual to your case.

We recommend that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

You may also wish to try to resolve matters by mediation. We can provide you with the contact details of local mediators upon request.

To contact us, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Click on the link to the right and Contact the Family Team

The Basics

When couples separate, one of the most difficult and worrying aspects is how to resolve the joint finances. This applies to married couples, civil partners and unmarried couples. If you are not married, please see our page on Unmarried Couples – Separation

For married couples and civil partners, the legal position is, for practical purposes, the same. Spouses and Civil Partners are entitled to a financial settlement and are able to claim for financial relief in the family courts alongside Divorce or Dissolution proceedings.

Provision can be made for sharing property, cash, investments, income and pensions.

The Advice

As with Divorce or Dissolution, it is hoped that an agreement in respect of the finances can be reached amicably between the parties and without the need for either to attend Court.

A final resolution can be reached through:

1. Mediation
2. Negotiation between Solicitors
3. Arbitration
4. Court proceedings

In order to get the best resolution and to have access to the best advice, it will be necessary for you and your spouse or civil partner to disclose to each other your financial positions. It is essential that any resolution is reached fairly and that you fully understand the assets and the claims that you may have.

Once an agreement or resolution has been reached, it is sensible to draw up a document to reflect that agreement. This can be by way of a Separation Agreement or a Court Order. In general and where appropriate, we advise you to obtain a Court Order. This can be done by consent and without a Court hearing. A Court Order formalises the position and allows certain provisions to be made, which cannot be made via a Separation Agreement, such as Pension Sharing Orders or dismissal of future financial claims.

The Costs

Your case is unique. At Hepburn Delaney we believe it is important that you only pay for the advice that you require. Rather than offering fixed fees which can result in you paying more, we offer competitive hourly rates for advice on financial remedy.

The advice you require will depend upon numerous factors, for example you may have already reached an agreement which will limit the extent of the advice that you require from your solicitor. Alternatively, you may wish your solicitor to consider the financial disclosure, which will be considerably more time consuming. Court proceedings are inevitably more expensive and the costs can be in the thousands. For this reason you should always explore whether settlement can be reached without a Court application.

Your legal fees will not be dependent upon the value of your assets, but upon the complexity of your matter and the time it takes for us to reach a final resolution.

We will discuss your costs regularly and give you estimates which are individual to your case.

The Next Steps

We recommend that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

You may also wish to try to resolve matters by mediation. We can provide you with the contact details of local mediators upon request.

To contact us, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Click on the link to the right and Contact the Family Team

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