Financial Matters Associated With Divorce and Seperation

Family Services

Whether your assets are limited, modest or considerable you will want to know that we have the expertise to secure you the best possible settlement. 

Financial Matters on divorce are only capable of being settled by the courts. There are two distinct procedures where there is to be a divorce straight away. 

The first is to apply to the court for an order ‘by consent’. This is where you have been able to reach a financial agreement with your spouse, and that agreement has been drawn up into a proposed order by your solicitor. 

Such an application requires the divorcing couple to set out the facts of their case in brief for the judge, on paper, and for the application to be accompanied by the proposed order that the court is being asked to make. The application will then be placed before a District Judge who is required to exercise their discretion on consideration of both their statutory duties and the facts before them and if the judge is satisfied that the order is fair and appropriate in all the circumstances then the judge will approve and grant the order.

The court order, once made, and upon the grant of Decree Absolute (the final order within the divorce proceedings dissolving the marriage) will be in full and final settlement of all claims that each party may bring against the other. It therefore provides certainty for the future.

Where it is not possible to agree matters with your spouse, then in most circumstances it is necessary for an application to be made to the court. Again the court is being asked to make a final financial order (known as an Ancillary Relief order) but because there is no agreement, then the court requires detailed information and documentation in respect of the couple's financial and other relevant circumstances. 

The present procedure requires couples to attend court. The procedure is designed to help those involved reach an agreement at the earliest possible stage. Proceedings can take one hearing only or may require several hearings concluded by a trial. 

This process clearly requires considerably more time to be spent in reaching a settlement. Inevitably it is therefore more expensive. 

Before court proceedings are embarked upon, we will consider with you the alternative means of resolving your dispute. As appropriate, we may recommend the collaborative law process, mediation, negotiations, meetings, correspondence, etc. In each case, we will explain the process to you ensuring you fully understand what is involved. And we will be there through out the process should you wish to call upon us for advice at any time.

In our view it is extremely important that you secure legal advice at an early stage. Every case is different and you will therefore require specific advice on your individual circumstances. Contact us to arrange an early appointment.