Finances upon Divorce

Finances upon divorce can seem overwhelming, however, here at Bailey Smailes our specialist family solicitors can advise and assist you throughout the process, whether you have reached an agreement directly with your spouse, or you would like us to negotiate on your behalf, there are a range of options open to you.

It is important when dealing with finances upon divorce, that everything contained within the ‘marital pot’ is disclosed including pensions so that a fair outcome can be achieved.

The Court’s focus is on fairness with the needs of any children being a paramount consideration of the Court when dealing with the distribution of the asset pool.

The division of assets upon divorce depends upon a range of factors which are set out in Section 25 of the Matrimonial Causes Act 1973 and the court will look at what are matrimonial and non-matrimonial assets when looking at each party’s needs.

It is extremely important to seek legal advice at an early stage when dealing with finances.

Full Financial Disclosure – each party must disclose details of income, assets, pensions and debts.

Mediation – the family court expects parties to attempt Mediation before applying to the Court for a financial order.

If an agreement cannot be reached by way of negotiation through solicitors, mediation or any other form of alternative dispute resolution then an application to Court to apply for a financial order will have to be made. The court will decide upon the outcome in the absence of any agreement by the parties.

Here at Bailey Smailes, we will try wherever possible to try and reduce your legal costs by trying to avoid court proceedings. Most financial matters never proceed to Court as we are successful in our negotiations on behalf of our clients.

Please call us now to discuss your financial remedy matter.

Accredited Conveyancing Quality Scheme (CQS) - Bailey Smailes | Helios Legal Services Ltd
Association of Lifetime Lawyers
Accredited Conveyancing Quality Scheme (CQS) - Bailey Smailes | Helios Legal Services Ltd
Association of Lifetime Lawyers

Ian Holmes and David Wells are the STEP accredited Solicitors for Helios Legal Services Ltd

David Wells and Sarah Markham are the Association of Lifetime Lawyers accredited Solicitors for Helios Legal Services Ltd