There are various ways in which a financial dispute during divorce can be negotiated and overcome. Here we explain the primary methods.

Negotiation Between Solicitors

Both parties instruct solicitors who then engage in correspondence. Both parties set out full information as to their capital and income. This can be done by way of basic schedules with some supporting evidence such as bank statements, valuations etc. Alternatively many solicitors require this to be done more formally by using the financial statement that is used by the court, known as Form E. (See our Financial Settlements Page.)

The solicitors enter into negotiations with a view to reaching a financial settlement. At any stage either party can make an application to the court, for example if they do not feel the other party is being frank in their disclosure or is not adopting a reasonable stance in negotiations. If an application is made to the court then the case becomes managed by a court process which ultimately culminates in a final contested hearing. However, a case can settle at any stage and most cases do settle before the final hearing. Clearly a court application increases costs and so it is sensible to consider at the outset if a court application is warranted.

Mediation

Both parties are referred to an independent mediator who arranges a series of meetings. Usually it follows after initial meeting with their own lawyers who will agree on the mediator. A mediator is usually a trained lawyer by background. However, their role is to facilitate discussion but not to advise the individual parties in dealing with finances. Both parties would be required to fill out financial statements used by the mediator, which are usually very similar to the court-style Form E. The mediator would facilitate discussion between you with a view to allowing parties to find their own solution.

Parties can mediate on individual issues such as finances or children or indeed on all issues. Mediation can reduce legal costs and help in preserving a good relationship between you and your spouse. However it is not a panacea and often can be drawn out and fruitless. It is not recommended where one party is fearful of the other or susceptible to being bullied or pressured into an agreement. It is of course possible for the parties to consult with their solicitors throughout the mediation process and in any event once agreement is reached in mediation it would have to be referred back to lawyers to formalise into a legally binding order.

Collaborative Law

This is a relatively new process initially developed in USA. It is in many ways like negotiation between solicitors. The lawyers arrange a series of 4-way meetings with a view to dealing with all the issues and reaching agreement. All parties have to sign up at the outset to a ‘participation agreement’. This would mean that you would both agree not to go to court unless or until the collaborative process failed. Further if the process failed i.e. did not result in resolution, then neither party is allowed to continue to use the same solicitor for the court process. Reference can be made to the Resolution website for more information.

“Collaborative Law-Lite”

This is collaborative law but where the solicitors are not precluded from further acting. It is difficult then to see how it is anything other than a trendy name for negotiation between solicitors.

Timing

In the final analysis the courts are here to achieve a just outcome. The court process encourages negotiation in any case, so if your dispute is not getting resolved by another means, you can and should first get on with putting the matter into the court process. Only the court process can impose a conclusion regardless of the other party’s refusal to reach an agreement. Therefore time spent on alternative dispute resolution can delay a conclusion, and you only achieve a reliable timetable if you issue a court application.

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Financial Settlement Scenarios

The scenarios below do not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

Scenario Analysis Example #1

The Scenario

Mrs G left the home last year due to her husband's alcoholism. The home is in his name and he refuses to co-operate. He works as a Sales Director and has a large pension accumulated from fifteen years with his employer.

Our Solution

Mrs G petitioned for divorce on the basis of her husband's unreasonable behaviour. At the same time we filed a financial application. When Mr G failed to make financial disclosure we obtained an Order requiring him to do so in 14 days or risk imprisonment for contempt of Court.

It was made clear that if he did not co-operate then the Court would make Orders giving Mrs G her share anyway and if necessary Mrs G would be given power to sell the house and to evict him. Mr G then settled the case.

If you have questions, contact us now, we can help you.

Scenario Analysis Example #2

The Scenario

In 1980 Mr G aged 25 was living with his partner.  When she became pregnant he made a Will making her the executor and leaving everything to her.  They separated 2 years later.  The child is now adult.  He re-partnered and had 1 child but the relationship again ended after 2 years.  He continued paying his ex partner’s rent rather than go through the Child Support Agency.  

He met his third partner in 1994 and they had 3 children.  He died in 2010.  He had never made another Will or revoked the one made in 1980, but he had quite substantial assets by the time of his death.  What rights did his ex- partners and 4 children have?

Our Solution

Briefly, Mr G left a huge mess.  His ex-partners challenged the Will in the Courts.  The dependent children had claims.  Did the adult son, who was independent and 28 years old, have a claim?  What rights did the mothers have where they were left supporting children under 18?

Ultimately a judge had to decide on the balance of fairness between the minor children bearing in mind the available resources.  His first partner and adult child did not receive anything.  The cost of sorting this out used almost half the estate.The moral is, make a Will!

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Joshhas practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Josh McPherson

Recommended by The Legal 500, Josh is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Henry Brookman

With over 45 years' experience, Henry Joshis the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Associate

Amber Matheson

Based at the Guildford office, Amber has experience dealing with family matters including divorce, finances, separation after cohabitation, arrangements for children and leave to remove cases.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Zahra Bandar

As a paralegal in the Family team, Zahra assists with a wide variety of matters, including divorce, matrimonial mediation, pre-nuptial agreements and Children Act matters.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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