Dealing with finances and property is often the most challenging part of a relationship breakdown. Our lawyers are experts in this field and have extensive experience dealing with complex matrimonial financial matters on behalf of married couples, civil partners and cohabitees.
The legal services that we provide in relation to matrimonial finance are second to none and you can be confident that our team will advocate robustly on your behalf to obtain the best outcome for you.
We have a proven track record of achieving excellent results for our clients and will ensure that our knowledge and experience is used effectively when working towards your desired outcome. We act for a wide range of clients, from those who have already agreed on how the finances will be dealt with and need our help to draft a legal agreement to those who have had a less amicable separation.
Our expert team regularly acts for high-net-worth clients or their partners and understands the intricacies of their finances. Many of our clients have high-value business assets and/or family inherited assets which may be held in a trust and we are well equipped to advise on the treatment of such assets during matrimonial proceedings.
Financial settlements for children
When parents are not married, financial provision for children cannot be obtained as part of the divorce process and if matters cannot be agreed upon, a separate application will be required under Schedule 1 of the Children Act 1989. Our specialist lawyers will provide you with expert advice so that you understand all of the available options and can effectively determine the best way in which to proceed.
Financial provision for children falls broadly into two main categories:
- Income for day-to-day expenses
- Capital payments
Day-to-day expenses are dealt with by way of child maintenance. Payments are generally dealt with by the Child Maintenance Service (CMS) and are based on a specific formula. However, there are circumstances where the CMS are unable to deal with maintenance, for example if the paying parents lives outside of England and Wales, and this is where our team will prove invaluable.
Capital payments will need to be dealt with outside of the maintenance system. An unmarried parent can make an application under Schedule 1 of the Children Act 1989 for a transfer of property or lump sum payment to be used towards a home for the child. This is a technical area of law but our expert lawyers aim to guide you through it so that you can make the best decision for your child.
Enforcement of financial orders
Court orders are unfortunately not always adhered to. Our team has a detailed knowledge and practical understanding of the most effective enforcements methods so that you receive what you are entitled to.
We can provide detailed advice in relation to the various methods of enforcement including but not limited to an attachment of earnings order, a charging order over property, third-party debt orders and judgment summons.
Not every method of enforcement is right or even available in every situation therefore, whether we worked with you initially or you are a new client, we will discuss the matter with you in detail to identify the most appropriate method of enforcement and then expertly put this into effect.
Investigations of assets
There is a duty of disclosure in matrimonial finance proceedings but it is unfortunately not always adhered to. Our specialists are on hand to help you identify and protect missing assets so that you can proceed with matters confidently in the knowledge that all matrimonial assets are being considered.
Our team has extensive expertise and understands the difficulties that can be faced by our clients during the legal process in terms of identifying assets. Practically, we are live to the fact that there may need to be detailed investigations to trace matrimonial assets and know how and when to effectively use injunctions so that a fair result is achieved for you.
Your pension is often the most valuable asset that you have. The way that they may be taken into account and utilised in family proceedings is a complex area but our team of expert lawyers are able to provide you with easy to understand advice.
Pension assets can be divided between the parties during divorce, particularly if one spouse has a smaller pension pot, for example as a result of taking a career break to look after the parties’ children. We have a wealth of experience advising individuals who have the larger pension and wish to protect it as much as they can and also advising those who have a smaller pension pot compared to their spouse.
Due to the complex nature of pension entitlements, it may be that expert advice is required in relation to valuing a pension. We regularly instruct such experts and can discuss this with you in detail if required.