It is rare to find that the behaviour of one or other party to the Divorce Process is so “gross and obvious” that it would affect the outcome of the division of the finances between a divorcing couple to the extent that the offending party would be required to give more financial provision to the other party than would otherwise be required under the usual principles.
We would certainly consider the history and background to see if there is anything that could affect the financial position and will advise you cleary as to our views.
We are also able to advise as for the implications of a short marriage with limited financial resources or a long marriage with significant financial resources. We also consider other factors including but not limited to children, you and your spouse’s respective health, current incomes and future earning abilities and lifestyles. The existence of any agreements would need to be taken into account as well as premarital assets, housing needs and overall fairness.
Our experts can assist with all aspects of finance cases including the following:
mediation
We can prepare you for this and then deal with any agreement reached
negotiation
We can undertake negotiations with the other side to try and resolve matters
court proceedings
If needed we can prepare the court papers and start proceedings and represent you
Form E
This is a detailed financial disclosure form required by the Court. it needs completion and exchange with the other side sometimes before proceedings start but every time proceedings are underway. it provides a full,l financial picture with documents and is a complicated and lengthy form and we can assist with this.
Valuing assets
This can be complicated especially when dealing with business or company assets or assets abroad
Locating/Tracing Hidden or Dissipated Assets
We can help with considering the disclosure made and investigating non-disclosure and missing assets including hidden or dissipated assets.
Setting Aside
We can help with applications to set aside transfers your spouse may have made for example to a friend or family member to try and defeat your claim
Freezing Order
If you become suspicious and have evidence of money/assets being disposed of we can urgently apply to the court to “freeze” to prevent disposal.
Add back
If your spouse has disposed of assets which we cannot locate we can ask the Court to compensate you by providing a larger share of the remaining assets to reflect the amount that you have lost as a result of your spouse’s behaviour.
Breach of confidentiality
We can advise upon the wrongful use of your confidential financial documents or information.