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.
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
Hepburn Delaney was established in 2013 by Jane Hepburn and Rebecca Delaney who had worked together for several years before deciding to set up a specialist family law practice. Our intention has always been to provide a niche, bespoke service to clients seeking advice on a broad range of family matters and we remain committed to this approach.
What our customers say about us
"Quite frankly you have been brilliant, supportive and kind, most of all very well informed, professional and very clear on the path to take. You supported me every step of the way and achieved the most positive outcome far beyond my expectations and your support during this difficult time was constant. "
"I found Hepburn Delaney to be totally professional, compassionate and very understanding. All the team have been brilliant to deal with. A special thank you to Rebecca Delaney; without her being at the end of the phone when a crisis happened I could not have coped. I would strongly recommend Hepburn Delaney to anyone who needs a solicitor with the personal touch."
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Authorised and regulated by the Solicitors Regulation Authority and contracted with the Legal Aid Agency. Registered Company Number: 8398060 SRA Number: 592448
Registered office: Hepburn Delaney Ltd, 7, The Progression Centre, Mark Road, Hemel Hempstead, HP2 7DW T: 01442 218090
