Financial Provision

Whilst the new online divorce process has led to quicker and cheaper ways of exiting the marriage, financial provision on divorce is still difficult and requires a level of legal expertise, knowledge and understanding that is not evident from a single Google search or a page on the internet.

Weighing the factors in Section 25 of the Matrimonial Causes Act requires an element of insight and understanding of the ways in which a Judge might approach the issues at stake.  In addition, a Judge has an element of discretion in how he/she approaches these matters.

In mediation the couple can have certainty about what they want to achieve and how they write up their agreements.

In Court proceedings there can be no certainty, but legal advice can help steer the process and can deal with parties who are reticent about:

• Providing disclosure
• Dealing with the assets at stake
• Advancing a decision and ensuring a conclusion.

That said, an application to the court for financial division on divorce is unlikely to be concluded now in any less than 12-15 months,  possibly longer.  This is partly because of delays inherent in the system because of lack of Court time, lack of Judges and the prescriptive way in which matters have to be aired and dealt with.

Added to that are the intricacies of single joint experts, valuers, accountants, tax experts and actuaries in pension cases, whose expertise might be needed to help inform the Judge and the parties to reach a fair outcome.

All of this involves time and expense, that some couples are unwilling to indulge or unable to afford.

Having an appointment with a lawyer before you commence the online process for a financial remedy order is vital so that you establish the issues, you are informed about your prospects of success and any specific matters that might affect your case, or that could impinge the process or affect it, particularly if you are applying for a final order (Decree Absolute) too soon.

We offer a first half hour free session of legal advice, but if you wish to go into the detail or the intricacies of a possible financial settlement, you would almost certainly need an hour to explore the issues at stake.

Having that hour is money well spent, particularly if you then avoid the pitfalls of making decisions too soon, or with insufficient information.  Those decisions could affect the rest of your life and it is vitally important that you establish your options before making choices.