It is rare to find that the behaviour of one or other party to the divorce process is so “gross and obvious” that it would affect the outcome of the division of the finances between divorcing couples to the extent that the offending party would be required to give more financial provision to the other party than would otherwise be required under the usual guidance for the division of assets.
Obviously we will check with you that there is no particular behaviour which exists which could affect the outcome of the finances, but we will otherwise help you through the divorce process efficiently, and as painlessly as possible, in order to focus on the more important aspects of your situation.
We are able to provide expert advice in all cases; whether you have had a short marriage with limited financial assets or a lengthy marriage with significant financial resources. We also consider other factors including but not limited to children, you and your spouse’s respective health, current incomes and future earning abilities, the existence of pre-nuptial or post nuptial agreements, pre-marital assets, housing needs, overall fairness and how a court approaches the division of matrimonial assets.
Our expert lawyers can advise on all matters relating to the financial cases, including the following:-
- Mediation – We can prepare you for mediation, which is mostly attended by the parties without lawyers. We can also advise you on the fairness of any agreement you have reached in mediation.
- Negotiations – We can undertake negotiation on your behalf with your spouse or their solicitors through correspondence, telephone calls and face to face meetings.
- Court Proceedings – Unfortunately all cases cannot be resolved outside court. This can be due to your spouse’s failure to provide full disclosure of their financial affairs or failure to put forward a fair and reasonable offer of settlement. We will prepare all the relevant documents required and provide representation at Court.
- Form E – This is a financial disclosure document, which you are required to complete by the Court and exchange with your spouse for their copy. The Form E should provide a complete picture of your financial position. We are able to complete this document on your behalf.
- Valuing Assets – We have experience in obtaining valuations in complex assets in both the UK and abroad. This includes businesses, which may have numerous assets spread over multiple jurisdictions, as well as complex accounting systems.
- Locating/Tracing Hidden or Dissipated Assets – We are able to comprehensively consider detailed financial disclosure in order to investigate and uncover hidden or dissipated assets. This can include foreign assets and trusts including offshore trusts.
- Freezing Order – If you become suspicious and obtain evidence that your spouse is disposing of monies or property, we are able to apply urgently to the Court to freeze their assets, including bank accounts and property.
- Set Aside a Transfer – You can also apply to the Court to transfer assets back to your spouse, if you have reasons to believe that the property has been transferred to affect your entitlement. For instance your spouse transfers for no value an investment property to his friend around the time you separated.
- Add Back – If you spouse has disposed of assets which we cannot locate, we can ask for the Court to compensate you by providing a larger share of the remaining assets to reflect the amount you have lost as a result of your spouse’s behaviour.
- Breach of confidentiality – Your spouse’s wrongful use of your confidential financial documents and other information.
Contact us today to find out more or to arrange your free initial 30 minutes consultation with one of our family lawyers.