Do I need a solicitor for agreement on dividing up the finances in a divorce?
You can complete the financial agreement yourself or ask a solicitor to do it for you. Though cheaper to apply for it yourself, for the reason that it requires cooperation from both parties it is better to instruct a solicitor to review the terms of the consent order (the legal document which confirms your agreement) before you file it with the court.
When deciding on a settlement the Court will take into account a list of factors that are contained in Section 25 of the Matrimonial Causes Act 1973 to include, but not limited to, income, earning capacity, property and other financial resources which each of the parties to the marriage has, or is likely to have in the foreseeable future, including each parties’ earning capacity, and the financial needs, obligations, responsibilities, and resources of the spouses, both during the marriage and after the marriage has ended. A settlement must be both fair and reasonable otherwise it will be rejected by the court.
Unless you have a Financial Remedy Order (the court order which sets out the financial arrangement between divorcing spouses) which is sealed by the Court, then irrespective of the time which has elapsed since your Final Order (previously called Decree Absolute) concluding the Divorce you remain at risk of a financial claim from the other party to include claims against pensions.
We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.
Emma Bilsborrow, Legal Executive, Partner
Partner / Chartered Legal Executive Litigator (Family)
Qualified 2014
Emma Bilsborrow heads up our Family team and specialises in privately funded family law cases. She has a working knowledge of trust law, which helps her when dealing with those complex cases where substantial assets are held in trust by one or the other party involved in divorce proceedings. Emma deals with all disputes surrounding divorce and financial matters, including high net worth divorce cases, and advises on how best to deal with pensions with regards to making equal capital or income, and aims to deal with these cases amicably. Emma also specialises in privately funded Children Act proceedings such as applications for Child Arrangements Orders, Prohibited Steps Orders and Specific Issue Orders and helps and assists families at what is a particularly tough time. Additionally, Emma is also experienced in preparing Cohabitation and Separation agreements.
Emma is a member of Resolution and is committed to approaching cases in a sensitive and non-confrontational manner in order to avoid animosity between married and separated couples; however, she similarly assists our client’s in exploring all possible ways of resolving disputes, to include litigation where needed.
Hobbies and Interests: Emma’s hobbies are cooking and cleaning and keeping the dog out of the new extension!keeping the dog out of the new extension!
