You may need to make an application for a financial remedy to resolve financial issues following the issue of a petition for divorce, judicial separation, nullity or dissolution of civil partnership. Even if financial issues are agreed, or capable of agreement through negotiation with the assistance of solicitors, the collaborative law process or mediation, it is advisable to have the terms incorporated in a Consent Order approved by the Court to ensure finality and avoid the risk of unexpected future financial claims arising.
The Court has wide and flexible powers to achieve fairness between the parties by applying a checklist known as the s25 Matrimonial Causes 1973 Act factors and may make orders for transfer of property, payment of lump sum, maintenance and pension provision. Each family’s financial circumstances are different and without expert legal help you may find it difficult to deal with the complex Court procedures and to secure an outcome that best meets your needs and those of your children.
Legal Aid may still be available for you depending on your individual circumstances, although since April 2013 availability has been considerably restricted by the government’s spending cuts. Alternatively, we have fixed fee packages available. This is an area of the law where having the advice and representation of a solicitor is likely to more than pay for itself. Please see our Fixed Fee page or contact us for further information. For more information about financial remedies, please click here to read our leaflet.