Going through a divorce can create high levels of stress and emotion, especially if there are children involved. Having the support of a trusted team of specialist divorce solicitors can afford you much-needed clarity at an uncertain time, helping you to understand your options and protect your position over the coming weeks and months.
The divorce lawyers at Wilford Smith can provide expert assistance from the earliest stage of divorce proceedings, offering confidential and sympathetic advice on the legal effect and implications of divorce. Our friendly and approachable team will take a transparent and proactive approach to ensure that you are fully aware of your rights, as well as devising a strategy to help you achieve your desired outcomes. Their highly regarded skills in negotiation and mediation mean that our divorce solicitors are excellently placed to achieve settlement swiftly and efficiently, avoiding drawn out and expensive court action wherever possible.
Our solicitors can assist with all divorce matters, including:
To discuss your circumstances, contact our team today on 0808 164 1028 or complete our online enquiry form and we will be back in touch.
We appreciate that reaching a financial settlement with your ex-spouse can be an extremely challenging process, but our solicitors will work closely with you to achieve a positive solution throughout this process. We can provide detailed guidance on the disclosure of finances in pursuit of a settlement, both in respect of your assets and those of your ex-spouse. Should there be any concerns regarding these disclosures, we can instruct experts who can provide specialist guidance on matters such as pensions and business accounts.
When it comes to negotiating a fair and workable settlement, our divorce lawyers will work tirelessly on your behalf. While this process can be complicated, you can be confident that our experienced and compassionate team will provide all the guidance and support that you need. We can advise on what should be considered marital and non-marital assets, leading negotiations in respect of this where necessary. Should an agreement fail to be reached, our skills in advocacy and litigation mean we are well qualified to provide robust representation in court proceedings.
If you are unable to settle financial matters through mediation or negotiation, a Financial Remedy Application may be made. A Financial Remedy Application is a process to divide money and property between parties to a divorce.
The first stage is to lodge a document with the Court to begin the Financial Remedy Procedure. Once the application has been filed, your solicitor will serve any relevant parties to the proceedings such as mortgage lenders or pension providers.
Both you and your former spouse must offer full financial disclosure throughout the process. There is a duty to disclose any changes to your financial position during this time.
The Court will then timetable your case, considering the following:
At the First Appointment, the Judge will ascertain whether the Court needs further information to confirm that both parties have made full disclosure. The Judge will also decide whether they need to make any directions, such as the valuation of certain assets or for expert advice. When a settlement cannot be reached at the First Appointment, the Judge will set a date for a Financial Dispute Resolution Hearing (FDR).
After any further information required is served, each party must make a proposal for what would be a satisfactory settlement. We can advise you and fight for your best interests. Your proposal must be filed with the Court before the Financial Dispute Resolution Hearing.
At the hearing, the Judge will usually outline what they believe to be a reasonable settlement. However, at this stage they will not impose an order. Negotiation is encouraged, and when you reach an agreement, the Judge can approve it. If you cannot reach an agreement at this stage, your case will proceed to a final hearing. The Judge will make the necessary directions to facilitate this.
Where you can reach an agreement before the date of the Final Hearing, a Consent Order can be drafted and filed with the Court for approval.
Further documents will need to be prepared for the final hearing. You will be required to provide evidence to the Court, and the Judge will then decide as to how your finances and assets should be divided.
The Judge may make several Orders including:
We can provide expert advice and assistance at every stage of Financial Remedy Proceedings. Our priority is obtaining the best outcome for you.
Our divorce lawyers have many years of experience representing a diverse range of clients across England and Wales. We can guide you through every stage simply and straightforwardly, helping you to protect yourself and preserve your assets following your divorce.
Speak with our Divorce teams in Sheffield and London by calling 0808 164 1028 or complete our online contact form to find out how we can help.