Family Solicitor Explains Finances in Divorce
By Tracey Moloney, Head of Family Law
“The fact that the Decree Absolute doesn’t sever the financial commitment between the parties can come as somewhat of a surprise to people.”
“A lot of people assume that when they receive a Decree Absolute that will sever the financial commitment that exists between them both, and sadly it doesn’t.”
“What the parties need to consider is obtain a Financial Order.”
“So the Decree Absolute will sever the marriage and a Financial Consent Order will sever that financial commitment.”
“When we take you through the divorce process, at the point of reaching Decree Nisi, we will check with you as to whether you need a Financial Consent Order.”
“We can also offer these with a fixed fee.”
“The appropriate time to submit a Financial Order to the court is when the parties have received their Decree Nisi. Once we have received Decree Nisi, we will then check with the parties to see if they want to obtain a Financial Order.”
“If they do, and they’re in agreement as to how the assets are to be divided, then we can also offer a Financial Order with a fixed fee.”
“If the parties can’t agree how the marital assets are to be divided, then the first things we’d recommend is that the parties attempt mediation.”
“If mediation fails, then we would recommend that an application is made to the court and the court will help the parties to determine how the assets are to be divided.”
“If the parties can’t agree, we can assist them by negotiating.”
“If they are able to agree following negotiations, then this will avoid a lengthy and costly court process.”
“Any Financial Consent Order that is made has to go before the court to be sealed – stamped. This then makes the order binding on both the parties.”
“For the order to be fair and reasonable, the needs of both parties are considered, to include the housing needs and needs of any children that are within the relationship.”
“If a Financial Consent Order is made by the court, and one or other of the parties doesn’t stick to what’s been agreed, then the other party can take the order back to court to have it enforced.”
“So it is a legal binding order made by the court.”
“We can support people through the financial negotiations and provide them with the appropriate advice as to what needs to be included in the Financial Consent Order.”
----------------------------------------------------------------------
Website | [ Ссылка ]
Join Us | [ Ссылка ]
Facebook | [ Ссылка ]
Twitter | [ Ссылка ]
