Seperating Couples Financial arrangements - WSP Solicitors

Financial arrangements

Married couples and civil partners are able to make a number of financial claims on separation. These include claims in respect of capital and other assets, property, pensions and maintenance for each other and the children.

The right approach for you

We will guide and advise you through the process to work out the right financial settlement for you. The starting point is usually to gather information about your financial circumstances and those of your former partner through a process known as financial disclosure and also to consider your future needs and those of any children. We will then advise you on the available options and help you to negotiate the best settlement possible.

 

Where it has not been possible for you and your former partner to agree a financial settlement, either of you can make an application to the court for a financial order once divorce or dissolution proceedings have been issued. Initially the court will ask you and your former partner to provide detailed information about your finances. At the first court hearing the judge will consider what further information they require to make a decision in your case. There usually follows a second court hearing called a Financial Dispute Resolution Appointment where the judge will look at the information available, listen to what you and your former partner have to say and give guidance to try and help you to reach an agreement.

 

It is common for couples to agree a financial settlement during the court process and to ask the court to make an order by consent reflecting that agreement. Where this is not possible the application will be listed for a final hearing after which the judge will decide on what financial orders are appropriate in your case.

 

To visit our frequently asked questions section, please click here.
Meet the WSP team

Meet the team

Lydia Andrews, Family Children Divorce Solicitor at WSP Solicitors Stroud

Lydia Andrews

Solicitor (on maternity leave)

Image coming soon WSP Solicitors

Joe Bartlett

Locum Solicitor

Stroud Office

Judi Bonham, Managing Partner and Family Legal Services at WSP Solicitors Stroud

Judi Bonham

Managing Partner

Stroud Office

Amie Calder Family Solicitor WSP Stroud

Amie Calder

Solicitor

Stroud Office

Beth Evans, Partner and Family Children Divorce Solicitor at WSP Solicitors

Beth Evans

Partner

Dursley Office

Louise Kelly Family Solicitor Divorce Children Stroud

Louise Kelly

Solicitor

Stroud Office

Kristie Rhodes Family Solicitor Gloucester

Kristie Rhodes

Solicitor

Gloucester Office

Fiona Thornton Children Solicitor Gloucester

Fiona Thornton

Associate Solicitor

Gloucester Office

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Making Financial arrangements less complicated

How can we help you agree a financial settlement on separation from your spouse or civil partner?

We will guide and advise you through the process to work out the right financial settlement for you. The starting point is usually to gather information about your financial circumstances and those of your former partner through a process known as financial disclosure and also to consider your future needs and those of any children. We will then advise you on the available options and help you to negotiate the best settlement possible.

What are TOLATA Proceedings?

Where owners of a property cannot agree what should happen to that property or the interests in it, or when a person claims an interest in a property legally owned by another, it is sometimes necessary to make an application to the court for an order under the Trusts of Land and Appointment of Trustees Act 1996 (otherwise known as TOLATA proceedings). If such proceedings become necessary we will guide and advise you through the process. During the proceedings a judge will decide what information is required to help him or her make a decision and give guidance to try and help you to reach an agreement. It is common for couples to reach agreement during the court process and to ask the court to make an order by consent reflecting that agreement. Where this is not possible the application will be listed for a final hearing after which the judge will decide what orders to make about the property.

What financial claims do I have if I am separating from a partner when we are not married?

Cohabiting couples are not able to make the same financial claims against each other on separation as couples who are married or civil partners. However there are often financial issues to be resolved when unmarried couples separate, for example determining interests in property, considering whether property should be sold or transferred, dividing jointly owned assets and agreeing maintenance for the children. The law governing these areas can be complex. We will give you advice tailored to your circumstances.