Family and Divorce, Financial Issues and Settlements
Reaching a financial settlement is always a cause of considerable concern to anybody contemplating divorce proceedings. We have a very great deal of experience in negotiating satisfactory financial settlements for our clients. Our main concern is to ensure that robust negotiations are carried out, but that the proceedings are not unduly drawn out. If you have children, their welfare will be a very important consideration in the financial settlement.
The first step to a fair settlement is to ensure we have a clear and accurate picture of the assets of each partner and we are accustomed to dealing with clients with complex financial affairs.
Most cases are settled by negotiation between the couple and their lawyers. It is normal, however, to issue an application to court to resolve a financial dispute so that use can be made of the court procedure. Sometimes this is necessary to force the issue of disclosure or to establish a reasonable time frame for the process.
Only a very few cases are actually resolved by a final hearing in front of a judge.
The primary consideration of the court is the welfare of any dependent child or children. The court must also take into account, in respect of spouses and civil partners, income and earning capacity, savings, housing needs, pensions, the duration of the marriage or civil partnership, overall contributions, health and any other circumstances of the case. The court is required to balance the criteria when considering the claims of each of the partners.
Different courts work to slightly different time-tables, but generally you need to allow about six months to a year from the date when we make the first application to the final hearing.
If you would like to discuss how the assets in your case are likely to be divided, please contact Graham Atkins (London) and Michelle Ellis or Louise Cardwell (Suffolk)
Authorised and regulated by the Solicitors Regulation Authority (SRA No 441436)
Offices at 41 Maiden Lane Covent Garden London WC2E 7LJ
and Low Green Barn Nowton Bury St Edmunds Suffolk IP29 5ND
Atkins Thomson Solicitors Copyright 2009
