In any divorce the parties can agree financial division of the marital pot informally between themselves. However, for it to ultimately be biding it needs to be approved by a judge at court. Although you can bring an application for financial remedy years after the divorce it is much more straightforward to deal with it at the time of the divorce and this is why we at Fair Result spend a great deal of time at the start of the divorce process working out what is the best financial remedy Order you should seek in your divorce proceedings.
The division of the totality of the family’s marital pot in divorce proceedings is a significant part of the divorce process – it can certainly have a major impact any children. Yes, you can bring a claim for financial remedy many years after the divorce process and decree absolute has been granted it is often much simpler to sort everything out before the decree absolute is approved.
To make a claim for financial remedy take good advice early on and get your lawyer to give you their assessment at an early stage of what is in the marital pot and how it is likely to be shared in the divorce case.
The process is very straightforward,
- Fill out at Form A and lodge this with the court and then make full disclosure of your financial situation. Once both parties have exchanged their financial details on the Form E the court will fix a date for a first appointment.
- At this first appointment the court will only really look to see if full disclosure has taken place but try and use this time to reach agreement for agreement on the financial split of the marital assets if possible. This will save you a lot of money in the long run-in fees.
- If agreement can’t be reached at this stage the court will set a date for a =financial dispute resolution hearing. This really is the time the judge will look to give guidance and what the court thinks would be s reasonable negotiated settlement. If agreement can be reached about the financial settlement the consent order can be drawn up at this stage. If no agreement the court will set a date for a final hearing.
- At the final hearing evidence is heard from both sides and the court makes a final decision about the financial remedy order
Although the court process is quite straightforward don’t let your lawyer just drift through the process costing you more money each step of the way. Be proactive in the divorce process and seek a round table discussion with the other side as soon as possible. You are employing a solicitor barrister and a whole range of other experts to give you a good idea of what is available for distribution on the divorce case – Use that expertise and drive the negotiations forward so you cn reach a mutually acceptable financial remedy Order
Contact us to see how our dynamic strategy could help you and get your divorce case settled as soon as possible.