Where possible we will help you to reach agreement either via negotiation through solicitors, mediation or, where appropriate alternative dispute resolution. Whichever method is adopted our aim, is to help you reach a fair and legally binding financial agreement, seeking to ensure your rights and long-term financial security are protected. Both parties are expected to engage in the process and provide full financial disclosure.

To achieve a fair outcome all aspects of financial arrangements will be considered where relevant including:

• Division of all assets owned whether in the sole name of one party or jointly owned; whether a family home, investment property, savings, general investments, or pensions etc. Assets abroad and in this country will also be considered whilst recognising any jurisdictional issues that may affect the same.
• Business assets and investments
• Maintenance – spousal, global and child maintenance (although the latter is in the main governed by the Child Maintenance Service) however how it impacts in your case will be considered to enable advice on other income claims that could be available.
• School fees orders.

We aim to resolve financial matters in a cost-effective way, prioritising your future stability, however in some complex cases it may also be necessary to consider additional, advice from an accountant or financial actuary for example. This would be at an additional cost but is often paid equally between the parties.

If agreement is not possible, then it may be that Court proceedings cannot be avoided. In those circumstances we will guide and represent you in the court process to again achieve a fair and legally binding financial agreement. Whilst ultimately at the end of the process, a Judge will make a determination on the outcome of the case, the court continues to encourage ongoing negotiation during the court process and many cases do resolve prior to a final hearing.

Regardless of the mechanism used to resolve the issues, the following factors need to be taken into account as these are the factors that govern a Judge in exercising their discretion in all case:-

• The income, earning capacity, property and other financial resources which each party has or is likely to have in the foreseeable future
• The financial needs, obligations and responsibilities that each party has or is likely to have in the foreseeable future
• The standard of living enjoyed by the family before the breakdown of the marriage
• The age of each party and the duration of the marriage
• Any physical or mental disability of either of the parties
• The contributions which each of the parties has made or is likely to make in the foreseeable future to the welfare of the family
• The conduct of each of the parties (in limited circumstances) and
• The value of any benefit which a party will lose the chance of acquiring by reason of the divorce.

It is important to remember that whenever a financial agreement is reached on divorce, this must be encapsulated into an Order of the court whether by consent or, by judicial determination.  An Order brings financial issues to an end. Failure to obtain an Order, may mean a party can make a claim against the other later on, even though you have distributed assets in line with your agreement at the time of separation/divorce.

The services outlined above are charged at an hourly rate (unless you are eligible for legal aid) however prior to instructing us on an hourly rate basis, you could take advantage of our one hour fixed fee meeting which will provide you with general initial advice regarding the issues above that may be relevant to you if you are thinking about ending your relationship or have already decided to progress matters. Our fixed fee appointments cost £180 including VAT.

You may be entitled to Legal Aid to help cover legal costs if you are a victim of domestic abuse. Our team can assess your eligibility and assist with the application process.

Get in touch with a member of the Straw & Pearce team to find out more.