0800 298 9690

Financial Remedy

Callback Request

  • This field is for validation purposes and should be left unchanged.

Financial Remedy Involves the Allocation of Assets Between the Divorcing Couple

In the majority of divorce cases it is common for the husband and wife to have savings, shares, endowment policies, property and perhaps even pensions that are jointly owned by them. Financial remedy describes all the financial orders that the court has the power to make and will therefore involve the allocation of these assets between the two parties. In UK divorce law, financial remedy proceedings are decided separately to the actual divorce.

Although it is preferable for a couple to reach a direct agreement about financial matters, we often find that these disputes are common during divorce proceedings. If a couple are unable to reach a financial settlement it is necessary to ask the Court to decide on an arrangement they think is best. This is known as a financial remedy case.

Financial Remedy Applications Can Only Be Made Against a Spouse

You can only make an application for financial remedy against a spouse or a former spouse (husband/wife). If you decide to divorce and do not obtain Court Orders dealing with the financial matters and neither party remarries, the claims which each of them have against the other are left open.

The aim of the court is to achieve fairness. When considering what orders should be made, the court will take various matters into account. These matters include:

This list is not exhaustive and each case is individual so please contact our expert divorce solicitors for more advice.

With regards to child maintenance, courts no longer have any powers to make such orders in the majority of cases. In most cases an application to the CMEC has to be made for child maintenance to be assessed.

Hattons Can Advise You On Financial Remedy Options

At Hattons Solicitors we pride ourselves on our expertise and experience. We can advise you of your best options with regards to financial relief proceedings and answer any concerns or questions that you have before deciding to proceed.

We work closely with our clients to keep them informed about their cases and our clients can also access our online file view system to find out where their case is up to at their own convenience.

Divorce and Pensions

If you are going through a divorce and you and your ex-spouse are looking at dividing up your assets, the Court is required to take your pension rights into account.

After the value of the former matrimonial home, the pension provision of one or both parties may be the largest capital asset of the marriage.

In divorce and pension settlements very often the husband might have a substantial pension provision and the wife might have none or a very limited pension provision because, for example, she has given up her job in order to look after the children. In cases such as this, the wife is likely to be compensated for her lack of pension entitlement as she may have might legitimately expected that when her husband retired she would have benefited from his pension.

Through the Court, a divorcing couple can choose to:

It is important to remember that during divorce proceedings there is no automatic entitlement to pension sharing. Many people often seem to think that they are entitled to half of everything, including pensions, just because they are married but this is not always the case.

Hattons Advise You On Your Pension and Divorce Options

At Hattons Solicitors we pride ourselves on our expertise and experience. We can advise you of your best options with regards to pensions and divorce addressing any concerns or questions that you have before deciding to proceed.

We work closely with our clients to keep them informed about their cases and our clients can also access our online file view system to find out where their case is up to at their own convenience.

Click here to find out about the limited legal funding options available for specific types of family law cases

We cover all aspects of family law and offer very competitive rates and payment plans to ease the financial pressure. Costs can be discussed at the initial appointment. Click this link to check if you qualify for Legal Aid or not.

If you would like to find out about Hattons Financial Remedy services call our expert solicitor on 0800 298 9690 or alternatively fill in the Call Back Request form above.

Services

We are proud to be accredited by

Resolution Logo Personal Injury Logo Resolution Specialist Logo Investors in People Logo Lexcel Logo