We will help you to reach a fair financial settlement
There are several options available to help you to reach a financial agreement and we will support you through whichever process you choose
Your divorce financial settlement is dealt with separately to the online divorce application, although both are dealt with simultaneously.
It is entirely possible to reach a financial agreement amicably and the law actively encourages parties to consider using non-court dispute resolution (NCDR) such as family mediation and arbitration. You must show that you have considered NCDR before commencing financial court proceedings.
Resolving your financial settlement away from the Family Court will reduce your legal fees, should shorten the process of reaching an agreement, and will avoid the emotional turmoil that court proceedings can bring.
A family mediator will help you to discuss financial matters
Apply for your child maintenance online on the CMS website
There are four methods to agree your divorce financial settlement:
Once you have applied for your no fault divorce online, it is helpful to discuss how you wish to settle your finances. You can do this between yourselves if this is safe, appropriate, and in circumstances where you are able to speak to each other amicably.
Once you have reached an agreement you need to speak to a divorce lawyer to go through the terms and ensure that it is fair. The divorce solicitor will then draft up a financial consent order for your signatures and this will be filed online for a Judge to approve.
Divorce mediation is a form of non court dispute resolution where the parties discuss their financial settlement with a family mediator present. Mediation provides a safe, professional and compassionate environment for you to discuss the issues between the two of you. The mediator cannot advise you on the merits of your divorce settlement and is often not legally trained, but is completely impartial.
Any agreement reached at mediation should then be forwarded to a divorce solicitor who will draft the financial consent order and this will be filed with the court online for sealing.
The other forms of NCDR are arbitration, evaluation by a neutral third party, and collaborative law.
Your divorce lawyer will help you to exchange financial information with your ex spouse in the form of a financial statement (FORM E). Once exchanged, your solicitor will advise you as to the appropriate settlement and help you with your proposal for settlement. A financial consent order will then be drawn up by both parties’ solicitors and filed with the family court online for approval. It is important to note that the Court will not approve a financial agreement which is unfair to one party. Once approved, your financial divorce settlement is binding and enforceable.
The aim should always be to avoid court proceedings, however, in some circumstances it may be necessary to take a firmer approach and seek the court’s assistance. The court’s approach is to calculate and then distribute the parties’ available resources between them to achieve a fair outcome. The court has a duty to consider all the circumstances of the case and to take into account a range of specific factors set out in section 25 of the Matrimonial Causes Act 1973.
1. If you have decided to commence financial proceedings at court your solicitor will draft an application and submit this online.
2. The court will issue the proceedings and fix a date for a First Appointment (the first hearing) to take place at least 12 weeks and not more than 16 weeks after the application is filed.
3. The parties must file and serve their Forms E (financial statements) on each other in addition to other court documentation.
4. At the First Appointment the court will give directions to prepare your case for the second hearing, the Financial Dispute Resolution (FDR) hearing.
5. It is possible to skip the First Appointment and go straight to the FDR using the accelerated procedure. You may also wish to agree directions and adjourn the First Appointment by consent in order to save costs and prepare for an effective FDR.
6. At the FDR the judge will encourage you to reach an agreement and provide a likely indication of what may happen if you cannot settle and the matter went to a final hearing.
7. If you cannot settle the court will list the final hearing along with an order for further directions to prepare witness evidence and updating disclosure.
This can be anywhere from between 12 - 24 months and depends on the approach taken by the parties and the complexity of the case.
Yes, even when you agree to this by consent. The court must seal your financial order to ensure it is binding and enforceable.
The Form E is a financial statement that both parties need to complete in order to disclose your financial position. You can exchange Forms E on a voluntary basis or it can be ordered when you commence financial court proceedings?
Our fees are charged on a time spent basis. The fees for attending court are significantly higher than the fees for drafting a financial agreement reached by consent. Your solicitor will explain the fees to you at the initial consultation.
Spousal maintenance is when a party pays ongoing maintenance to the other if this is fair in the circumstances. This maintenance is generally limited to a period of time to enable the receiving party to find their feet and become financially independent.
Child maintenance is maintenance paid for the children of the family and is dealt with by the child maintenance service, if it cannot be agreed between the parties.
We are here to support you, and to put your mind at ease, by explaining your options to you in plain English. Contact us to arrange an informative initial consultation.
Family Lawyer London Ltd is a limited company, authorised and regulated by the Solicitors Regulation Authority, registered number 8010996
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Website by Morena Fiore
Priya is an amazing family lawyer that has helped me through my divorce with such empathy and respect. She has a way of understanding and your case as she listens to you without judgement. Every divorce is different but mine was unique to me and was so stressful and delicate. Priya just gets it and has held my hand throughout the process. Thank you so much. I cannot recommend her highly enough.
JM