Financial Settlements and Resolving Claims

Most people find the prospect of resolving their financial claims a daunting one, not least because of horror stories in the press about proceedings like these costing thousands of pounds. At Fraser Dawbarns, our specialist team of family lawyers can advise you on all aspects of financial matters.

We believe that your money should be shared between you and your partner and not used to pay unnecessary legal fees. With that in mind, our financial settlements experts will advise you on what you need to know about each other’s finances, the extent of your claims in connection with all property, pensions, investments and income, and the process best suited to you to achieve an amicable and cost-effective resolution.

If you are involved in a disagreement about financial settlements, the family law team at Fraser Dawbarns can offer you help and advice. Contact us today to see how we can help you.

Financial Settlements and Mediation

Where appropriate, our team will discuss the benefits of achieving financial settlement through mediation and negotiation, which can help you to come to an agreement that works for all parties. The lawyers are not there to impose their views on the couple, but to use the wealth of their combined experience to help the couple find their own solution. With the lawyers’ help, the couple are able to make informed decisions about the family’s futures.

Not only do couples find this process considerably less stressful than the court proceedings but they are able to continue communicating and therefore co-parenting, leading to improved relationships between children and parents. The family law team at Fraser Dawbarns want to minimise conflict and help to achieve a financial settlement that works for everyone involved. Contact us today to see how we can help you.

Happily, where a couple can agree a financial settlement, perhaps through mediation, our team can then give advice and assist with ‘converting’ it into a Clean Break Consent Order, to submit to the Court to become legally binding. This may include a Pension Sharing Order, which effectively takes some of the pension fund in one spouse’s ‘pot’ and transfers it to a ‘pot’ for the other spouse, for use as later income.

court as a last resort?

Sometimes it is simply not possible to agree an amicable financial settlement, or inappropriate to attempt potentially time-consuming negotiations when there are assets and claims at risk and action is required. In those circumstances, it may be necessary to initiate Court proceedings. The team at Fraser Dawbarns will try to avoid proceedings where possible, as this can be very stressful and expensive for all involved. However, should the matter go to Court, they are experienced in fighting to protect and secure our clients’ best interests.

Court proceedings require full disclosure of assets, income and debts, and Judges now want spouses to be more proactive and practical. This requires evidence of mortgage borrowing capacity and examples of suitable properties to rent/purchase. The first Hearing – ‘the First Directions Appointment’ – is intended to ensure that all the financial information is to hand, and to determine whether expert advice is needed from pension experts or accountants etc.

At the second Hearing, ‘the Financial Dispute Resolution’ Appointment, when all of the information and expert advice is available, the Judge will say how s/he thinks the case should be settled – ie, if the house should be sold, how the proceeds should be divided. Most spouses will settle at this stage, having had the benefit of the Judge’s opinion, but the few cases that cannot conclude here will have to proceed to a Contested ‘Final Hearing’. At this stage, a different Judge will listen to both spouses before making the financial decision on settlement.

Our primary aim will always be to achieve a reasonable settlement at the earliest stage, reducing conflict and acrimony. If you have any concerns about financial settlements and would like to speak to someone, contact the family law team at Fraser Dawbarns who can help answer any questions you have.

Why Choose Fraser Dawbarns to Help You?

Pricing Options

In more complex cases that are beyond the scope of the fixed fee service, we offer a choice of pricing options to our clients. By offering the choice between undertaking work on either a fixed fee basis or at an hourly rate, we give you the freedom to select the pricing option that best suits your needs. In certain circumstances we are able to offer a free consultation, please contact us to find out more about this.

Giving you Total peace of Mind

We offer our clients the expert and comprehensive legal advice that they are entitled to expect. We also provide our clients with support, a sympathetic ear and peace of mind during what is a very difficult and emotional time.