Financial Applications to the Court
If you cannot agree how your assets should be divided…
If you cannot agree how your assets should be divided after a divorce or civil partnership dissolution, it will be necessary to make a financial application to the court. There will follow a series of hearings, and if a mutually-agreeable solution cannot be achieved, it will be left to a judge to decide.
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To find out more about making a financial application to the court, including how the court makes its decision, please download our free guide.
Financial applications following divorce
When you go through a divorce or civil partnership dissolution, you will need to split your finances, including your property, pensions, savings, possessions and debts. It might also be appropriate for one person to pay the other spousal and/or child maintenance.
These decisions are extremely difficult to make in the wake of a separation. The feelings between you may be less than harmonious, making it all the more trying to reach an agreement. That is why negotiations regarding financial settlements are often made via divorce lawyers and mediators.
However, if these avenues are not successful, your final option will be to make a financial application to the court. You will each need to disclose the details of your finances. There will then be series of court hearings, during which a judge will try to guide you towards a settlement.
If an agreement cannot be made between you, a judge will have to make a decision on your behalf. A number of factors will be taken into consideration, but ultimately the ruling will be based on what is fair and reasonable to each person. This is rarely a 50/50 split, particularly if have you children.
For more detailed information, please download our Guide to Financial Applications to the Court.
If you are struggling to negotiate your finances following the breakdown of your marriage or civil partnership, you are not alone. Many separating couples cannot agree on the division of their assets and therefore require the input of a legal expert.
If you are going through a divorce or dissolution, we can advise you of your rights and responsibilities, suggesting what a fair and reasonable financial settlement might look like. We can then enter into negotiations and guide you through the mediation process, doing everything in our power to help you reach an out-of-court settlement.
Nevertheless, we realise that this cannot be achieved in each and every case. If the collaborative law options have been exhausted or are not appropriate, we can make a financial application to the court, managing your case from start to finish. Our lawyers are highly skilled in litigation and will work hard to achieve an outcome which protects your interests.
If you would like to speak to a divorce lawyer about your financial settlement, please do not hesitate to contact us.