Divorce financial remedies take form within an application made during ongoing matrimonial proceedings.
If you have not yet commenced divorce proceedings or currently going through one you should avoid your decree absolute being granted to protect your position on certain financial claims.
On the other hand you can still make an application for a divorce financial remedy after a divorce if your financial settlement was not concluded.
Our team of family law solicitors can look to guide you through the process and advise you on a range of divorce financial remedies available to you depending your circumstances.
When assessing divorce financial remedies, consideration is given to the following:
Overriding factor to the above consideration will be the financial circumstances of both parties which can be properly assessed and explored through legal representation.
Our divorce financial remedy solicitors are well trained to collate the necessary information, for you, and provide you with the appropriate the advice to proceed forward.
Prenuptial agreements are not necessary a disbar to bringing a financial claim although caution should be taken in carefully assessing the prenuptial agreement before any steps are taken.
If you entered into a prenuptial agreement then our team can assess the strength or weakness of the agreement depending on which party we are acting for.
Absolutely, we would encourage mediation at the first instance if this is an option and would arrange for you to attend mediation in hope of reaching an agreement to return back to us to have the agreement formalised.
It is important to note that mediation offers independent advice and can help you agree how you will divide your assets although any agreements are not legally binding unless you instruct a solicitor to draft a finalise the agreement.
Our family lawyers can look to resolve areas of contention on your behalf through our expertise and experience.
Our team can look to obtain you one of the following, depending on your circumstances:
We are unable to provide tax advice but would refer to you our network of accountants who could provide you with the appropriate advice required.
You may need to obtain financial tax advice once we have recovered a settlement for you about any applicable taxes due such as capital gains. Couples transferring assets between each other are usually exempt from capital gains tax but this exemption will not apply if you are divorced.
An accountant or tax advisor will be able to work out your capital gain or loss once you have provided them with date(s) of the following, if applicable to you:
How long it takes to reach a settlement will depend on the circumstances. Complex matters, particularly where a high net worth divorce is concerned, that involve disputes will generally take longer than straightforward matters.
For more complex cases negotiations can take longer depending on what is involved.