Services
Financial Flow Chart
A very useful financial procedure flow chart to guide you through the process for matrimonial & divorce finances.
Financial Disclosure
- There should be full and frank financial disclosure with documents in support and often completed the style of Form E
Issues
- The parties or a Court may need to consider the following:
- The need for any valuation evidence (e.g. for a property, business and so on)
- The need for any additional expert evidence (e.g. pensions, business valuations, tax and so on)
- Any outstanding issues of financial disclosure
Principles
- The starting point is sharing and the following factors are taken into account:
- The first consideration is given to the welfare of any minor child
- Income, earning capacity, property and other financial resources
- The financial needs, obligations and responsibilities
- The standard of living
- The age of each party and the duration of marriage
- Any physical or mental disability
- The contributions of the parties and any relevant conduct
Procedure
- For cases that proceed to Court there are commonly 3 types of hearing:
- First Directions Hearing (FDA)
- Financial Dispute Resolution (FDR)
- Final Hearing
- At any stage an agreement can be reached and a Consent Order prepared to record the terms of settlement. The timescale is commonly 6 to 12 months (and on occasions 18 months)
Financial Orders
- When weighing up the relevant factors, the Court can award a financial settlement based on:
- A lump sum of money
- An order for sale of a property or transferring rights in it
- Maintenance
- Pensions