Helping divorcing clients to agree a fair settlement

The family team at Fraser Dawbarns have recently assisted Mrs K, who had separated from her husband and was trying to reach a fair and reasonable financial settlement. Mr and Mrs K shared a family home and had a child together. Mr K refused to leave the property and tried to insist that the family home should be sold, and the equity divided equally between them.

Reluctantly, Mrs K issued Court proceedings. The Judge decided that there shouldn’t be a 50/50 split, awarding a higher proportion to Mrs K on the basis that Mr K had a higher mortgage-raising capacity than Mrs K and she should not be required to maximise her earning capacity whilst Mr K did not need to.

Emma Stearman, who heads the family law team at Fraser Dawbarns, comments: “It was unfortunate that Mrs K was required to bear the stress and cost of litigation, but she did receive the outcome she desired. She was able to stay in the property, which was much better for their child. Mr K received a lump sum, which was less than the 50% he rigidly maintained he was entitled to”.

At Fraser Dawbarns, the starting point for our family law team will always be to advise you in a way that will enable matters to be dealt with as amicably as possible. The aim will be to reach an agreement rather than having to go to Court, as this is generally less stressful and more cost-effective. However, sometimes litigation will be necessary, and, in those circumstances, we will do our best to assist you to achieve the best possible outcome.

If you would like individual advice on how you might go about achieving a fair and reasonable financial settlement on divorce, please contact us on 01553 666600

We have specialist family lawyers able to have face-to-face meetings with you in any of our offices or we can offer video call meetings if this is easier for you.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483

Downham Market: 01366 383171

In order to protect client anonymity, the initials in the above case study have been changed and do not relate the the client or other parties in any way. This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.