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Family Law

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Financial Settlement

Once you have started divorce proceedings, you can then deal with the financial issues. Resolving these issues can take some time and it is impossible to say how long it will take as each case is different.

In a normal case, we would expect the following steps to be taken:-

  • Negotiations between solicitors to see if a financial remedy can be reached.
  • If negotiations between solicitors fail then you are both referred to mediation.
  • If mediation fails then you are free to apply to court for assistance.

The vast majority of divorcing couples manage to reach an agreement by negotiation and it is only in the very rare cases where an agreement cannot be reached that an application to the court is issued.

Should agreement not be reached, then we would expect these next steps to follow:-

  • We will make the application to Court for you.
  • The Court will then issue a timetable for Case Management.
  • We will prepare all the documents requested by the Court in relation to the Case Management
  • You both then attend the First Appointment at Court where the Court will either request further documentation in relation to financial disclosure or ask whether the parties are ready to move straight into a Financial Dispute Resolution Hearing.
  • A Financial Dispute Resolution Hearing is a without prejudice hearing before a Judge. The Judge will advise how he thinks the matrimonial finances should be settled and asks the parties to go ahead and negotiate a settlement.
  • If you can not agree, and so settlement cannot be reached, then the matter is then set down for trial. Please note that the Judge at the trial will not be the Judge who conducted the FDR.

Many couples who have not been able to agree prior to the First Appointment or even the Financial Dispute Resolution Appointment find they are able to resolve their issues prior to the matter going to a full trial.

We offer a free 30 minute initial meeting to go through the issues and explain the process. For some types of work we offer fixed prices giving you certainty about the costs involved and where finances are stretched, we can offer flexible payment methods to spread the cost. So whatever your situation, we will do all we can to help.

It is important that you contact us as early as possible to ensure you get the best advice from the start. Email or call 01326 574 988 now to book an appointment.

Department contacts

Victoria Walters Borlase Solicitors

Victoria Walters

Solicitor

01326 574988

Betty McGarrigle Borlase Solicitors

Betty McGarrigle

Executive

01326 574988

Solicitors Regulation Authority - Conveyancing Quality Scheme Resolution Family Law