Navigating the complexities of financial settlements demands legal expertise. At Sheryl Perry Solicitors, our dedicated team of solicitors specialises in securing equitable financial resolutions for our clients, adapting an amicable approach where possible.
Our expertise encompasses a broad spectrum of financial settlement matters, including:
It is a general misconception that a divorce severs all financial ties between the parties, but this is incorrect. A divorce will terminate a marriage, but the finances have to be concluded through separate proceedings, either via agreement, mediation or court. Either way achieved, a Financial Remedy Order (clean break order – I’d delete this reference personally as not all FROs achieve a clean break) is required to be sealed by the court to ensure the settlement reached is legally binding. Without a financial order sealed by the court, even if divorced, the other party could make a claim against your assets at any time in the future until this document is obtained.
If a financial order is not obtained and you remarry you personally are unable to apply to the court for a share in your ex spouse’s finances, but they will still be able to make a claim against yours which could possibly include any new partner’s assets if these have been intermingled with your own.
Whether through negotiation or litigation, we work tirelessly to achieve fair and sustainable outcomes for clients in respect of their finances within divorce proceedings. We aim to safeguard our clients’ financial interests while mitigating conflicts and sensibly managing costs.
The financial settlement will include various financial elements such as:
Any property that you own or have a share in;
Savings held
Debts, such as credit cards and loans,
Personal assets, including cars and jewellery,
Business interests,
Pensions, and
Spousal maintenance payments.
This can be obtained through various routes such as:
Between the parties themselves;
Mediation
Negotiations between solicitors;
Arbitration; or
Court proceedings.
Negotiating financial settlements to conclude a marriage can be complex and it is advisable to seek expert legal assistance, whichever route you take, with reaching a fair settlement for all parties.
Irrespective of how the agreement between the parties is reached, this needs to be documented in a Financial Remedy Order (Consent Order), which will be signed by both parties before being sent to the court with a further document a D81 (Statement of Information) for the court to read over and ensure they are satisfied that it benefits all parties. The court will then either approve (seal) the order or ask questions upon it first. Once sealed the order is legally used to effect the agreement reached in the timescales set out. This document assists the court in deciding whether to approve the Financial Remedy Order, by considering whether it is fair and reasonable in the circumstances.
We provide diligent, yet realistic, representation in spousal support matters, advocating for fair and reasonable support arrangements that align with our client’s financial circumstances and needs.
We assist clients in drafting, reviewing, and enforcing prenuptial and postnuptial agreements, offering comprehensive legal guidance to protect their assets and interests.
The divorce system received a much needed overhaul with the introduction of the new No Fault Divorce in April 2022 under the Divorce, Dissolution and Separation Act 2020. This simplified the process making it easier for individuals to undertake this themselves without the need to prove separation or assign blame. This replaced the old requirement for parties to prove one of five ground for divorce.
You do still have to meet certain requirements for a divorce and these are:
You have been married for over a year;
Your relationship has permanently broken down
Your marriage is legal in the UK (including same-sex marriage)
Nonetheless we understand that navigating the complexities of divorce or dissolution can be emotionally challenging and legally intricate. At Sheryl Perry Solicitors, our experienced team of family law solicitors is dedicated to guiding you through this difficult process with compassion, expertise, and personalised attention.
Our divorce and dissolution services encompass a wide range of legal matters, including:
These are now online through a court portal and as before, the dissolution of marriage still requires the consent of a court. The process commences with the completion of a D8 Divorce Petition which will be issued by the court and needs to be acknowledged by the other party. If the other party acknowledges the divorce then you are notified by the portal at various stages of the divorce.
If the other party fails to respond then you will need to file another form to request the court continue without their involvement, proving they have had sight of the petition.
For couples who wish to live apart but remain legally married, we offer guidance on obtaining a legal separation, including negotiating separation agreements and addressing financial and child-related matters.
In cases where both parties agree to end the marriage amicably, we assist with filing for dissolution, helping clients navigate the process efficiently and effectively.