Within divorce proceedings or dissolution of a civil partnership the parties are entitled to make claims for financial assistance as a result of the marriage breakdown. Claims arising out of a divorce are dealt with under the Matrimonial Causes Act 1973 whilst claims arising from dissolution are addressed in the Civil Partnership Act 2004.

As long as you have not re-married either party can make a financial claim against the other for income and capital, which also includes property and pension provision.

There are various ways of dealing with the settlement of financial matters. Some parties are able to communicate effectively with each other and negotiate a settlement that they are both happy with. This settlement can then be drafted into a legal document called a consent order which is approved by the court within the divorce proceedings and is legally binding.

Unfortunately not all financial settlements are amicable and some may require the assistance of a solicitor to negotiate on their behalf. In this situation the parties are asked to undertake voluntary disclosure of their financial positions to enable a settlement to be negotiated. If this is not forthcoming from either party then an application to the court may have to be made. This results in the court directing matters by way of issuing a strict timetable for matters to progress and hopefully reach a conclusion as quickly as possible.

The court has the power to make various orders in relation to parties’ financial settlement. The more common ones of these are orders relating to income, capital, property and pension provisions. When dealing with a party’s claim the court has criteria that it must follow to ensure that the settlement is a fair and reasonable one. If there are children of the relationship then the child’s needs are paramount.

Financial settlements within divorce are very important as they stipulate how the parties will live in the future. Therefore it is extremely important that you receive the expert legal advice.

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Testimonials

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Pleasure to do business with McHale & Co. Everything is thoroughly explained, whatever questions we asked. Easy to make contact, we as a family have dealt with your company before and cannot fault any part of our dealing with yourselves.

Mrs L

Helen was excellent. Very clear in her explanations of options and implications of decisions made in our wills.

Mr & Mrs T

A big thank you to Grace Kennedy who went the extra mile and provided me with lots of information regarding making, signing and checking the process for me and after signing a list of use points and information. Excellent customer/client care.

Mr S

I feel that the people employed within this firm really listen and respond accordingly

Mrs S

Many thanks for your assistance with everything (Helen Green), you’ve made it all seem a lot more manageable at a difficult time.

Ms W

Helen, can I just thank you for the professional and thorough way in which you have dealt with this matter and your advice has been very welcome at times. Worth every penny for peace of mind.

Mr L

Extremely helpful and considerate. Very attentive . Nothing was too much trouble from the first phone call to receiving a hard copy of the will. Couldn’t have asked for more. I would not hesitate in recommending you to friends and family. A fantastic service all round. Thank you Michaela.

Mr M

I would like to thank you (Paul Fitton) for your most professional guidance and advice, I appreciate the effort and time you devoted to my issues on this subject.

Mr S

Mr Nattrass is always understanding and helpful and takes time to listen and explain. It is always a pleasure to deal with him. Also, your reception staff are lovely and welcoming.

Mrs J

The service we received from Helen Green was fantastic, nothing was too much trouble. We would recommend Helen without question.

Mr J

The service provided was excellent. Many thank to John Nattrass for all his input and execution of our wills.

Mrs H

I would like to commend Michaela for her warmth, compassion and professionalism. It was because of her superb persona that I am using McHale & Co. Thank you very much Michaela!

Miss J

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