The financial aspects of divorce are dealt with separately to the divorce process itself.
The objective is to decide the fairest way of dividing your family’s assets, income and pensions according to your particular circumstances.
We will talk to you up front about the right approach for your case and discuss whether we need to involve the court at an early stage to protect your position, and what the financial and living arrangements will be in the interim.
The first stage of the process is exchanging disclosure of assets and income between both spouses. Once each party understands the financial picture, the process of determining a fair outcome involves negotiation with lawyers, with a third party such as a mediator or via the court process. There are no hard and fast rules about what is 'fair'; it depends on family circumstances, the history of the relationship and the needs of any children involved.
In the event that an agreement can be reached, neither party will need to attend court. However, if there are court proceedings you will be represented by us or by a barrister at any hearings. At the preliminary hearings the court will encourage the parties to reach a settlement agreement, but if that is not possible there may have to be a final hearing at which a judge will make a decision about the division of family assets. The majority of cases settle before a final hearing.