Financial issues related to divorce

Or more accuratley, divorce, separation and children.

Upon separation or divorce, the financial issues that have bound a couple throughout their relationship or marriage need to be addressed.  This will involve looking at housing for the family going forward, how best to share any savings, investments, pensions and income.

The financial aspects of separation and divorce require the most careful consideration.  The skills and experience our team possess will allow us to guide our clients through this process and to achieve the best outcome for them.  Whether an agreement is reached through mediation, negotiation or litigation, it is extremely important to have a court order finalising the financial matters between parties in place at the end of the process; without this, either party could be vulnerable to a claim many years later, when they are least expecting it.

Business and trust assets are also very important and must be considered upon the breakdown of any marriage.  If you believe your spouse is about to try and put assets out of your reach, then there are methods of protecting those assets; we can assist you in making an immediate application to the court to secure a ‘freezing order’.  This is quite common within divorce proceedings.

If you already receive maintenance payments as a spouse or parent under a court order following a divorce or separation, and you believe that an increase could be justified, the Court does have the power to vary such an order to increase to those payments, known as an ‘upward variation’. If your spouse is in breach of a court order by, for example, failing to pay maintenance payments as ordered, then you can apply to the Court to enforce payment if negotiations are not successful in reinstating payments and making full payment of arrears.

If your marriage is in difficulty, whether or not you decide to divorce or separate, you can protect yourself better by taking early legal advice: to be forewarned is to be forearmed!