finance on divorce

On the court granting a decree of divorce to one spouse it is open to either spouse to apply to the court for financial provision (ancillary relief). The same provisions apply upon the commencement of a petition to dissolve a civil partnership. This is an extremely complex area which you should seek advice upon as soon as possible and, preferably, before proceedings are commenced.

By not seeking advice you may be convinced, by your partner or their legal representative, to agree a division of family assets which is not in your favour.

Our experienced team at BTMK Family advise on such financial issues relating to divorce on a daily basis and are able to give you a clear indication as to what the outcome of court proceedings in this area will be (provided we have sufficient evidence of each party’s financial position).

As with all family matters, it is appropriate to try to negotiate an agreed settlement. BTMK Family will advise you in relation to appropriate settlement proposals on the basis of the facts of your case and will negotiate on your behalf to try to reach a settlement.

At any time we are able to refer yourself and your spouse to mediation to assist you in trying to reach an agreement in respect of financial matters.

In the event that settlement is not possible, either party can apply to the court for financial matters to be determined by a judge. Most proceedings take place in a local County Court. Our offices in both Southend and Chelmsford are located extremely close to the Court in each town. We endeavour to conduct the advocacy on your behalf throughout the court proceedings, unless it is appropriate to instruct a barrister to represent you early in the proceedings. We will always instruct a barrister to represent you if the matter proceeds to a fully contested trial.

If you have any further enquiries please call 01702 339222 or email family@btmk.co.uk.

For further information on finance on divorce email us: family@btmk.co.uk