Family Law & Finance Court Orders
When disagreement arises about the division of the family finances good legal advice on your side is what is required. From arrangements for urgent maintenance, or a disagreement arises about how an inheritance received by one partner is to be divided our Family Law team are here for you to offer initial advice on how to proceed.
How it this service works
Between 10 am and 4 pm each day we provide a same day initial telephone appointment with a solicitor where we will take instructions on your concerns and can give initial guidance on a way forward. We then follow this up with a more detailed consultation should you wish to proceed. All advice is given in the strictest complete confidence.
Call us now (or request a call by through our contact page) or an initial guidance about this service. We also offer a fixed price telephone consultation with a solicitor only £170 plus VAT (£204 inclusive of vat). Explain your problem and concerns what you want. The first consultation with the solicitor will be for taking instructing from you and initial legal advice and fact finding. After speaking with our solicitor by the end of the next business day we will provide you with a detailed discussion of what steps are available so that you will know your rights and legal position. It will then be for you to decide how to take this forward so that you can get what you need and if necessary take immediate action.
Simply tell us what you need and we can provide you with legal advice on your options, time scales and options on how we can proceed.
* Service available between 10 am - 4 pm weekdays. Calls after this time will have to be re-arranged for the following working day if nobody is available.
* We can help and support you with your application but all Court orders applied for will ultimately be at the discretion of the Court.
* A call back can be agreed for a time window of your choice.
How the court will divide your assets - a starting point
Where good legal representation is involved most cases will settle without the need for a Final Hearing at Court. However if a case does go to court and a Judge has to decide, the judge will decide on the division of the family assets based on how long you've been married. Other main points that the judge will look at are:
The ages of both of you
The ability of you both to earn
The amount of property and money there is available
Each of your living expenses
The standard of living that you are used to.
Each of what you did in the marriage - for example if you were the breadwinner or the one that cared for the children.
In break-ups where there are children, the judge will first give priority to the children's needs - especially where they are going to live and child maintenance
Where there are no children then the judge is bound to try to order a "clean break" so that both of you can go your separate ways and have no further financial ties to each other.
Brief Explanation of just some of the types of orders available:
Clean Break Order -
This order is what most people want. Just by its name alone it says what it means: Total separation financially. it means neither of you is ordered to pay maintenance to the other and that you each receive a set share of the assets of the family. it also means that you will not be able to inherit anything from the other when they die. The Judge is obliged to consider whether to make this kind of order in every case. But whether the court will make one in your case will depend on your individual circumstances.
Lump sum order-
This is an order that one of you will pay by a set date a fixed amount of money - for example £8,000 to the other. The court can order either of you to do this. it can be in one payment or in installments. it can order it now or in some cases when a certain event takes place, for example when a child of the family reaches a certain age eg 18. The court can only make this kind of order if the judge believes they have the money to pay it.
Pension Sharing Order -
This type of order sets out a percentage, of a pension belonging to you or the other person is to be transferred to the other.
Maintenance Order -
The Family Court can make an order that the person with the higher income should make a regular monthly maintenance payments to help with the other person's living costs. This is commonly referred to as a maintenance order. It can be set by the court for a limited period of time or in some cases it can even be ordered to continue until one person dies or enters a new marriage. For this reason it can be especially an area where you will need legal guidance on. It is also possible to apply to the court to change the amount of maintenance payable if one of you loses your job or gets a salary increase. This is different from Child maintenance which is arranged by the Child Maintenance service *
We can arrange for Mediation in your local area with a trained and court approved mediator. Mediation is when an independent and impartial person trained provider invites both you and your spouse or ex partner to a meeting to discusses a problem in a safe environment to try to find a solution.
In some cases you must meet with a mediator before you can go to court - however this doesn't apply in some cases - for example if there's been domestic abuse.
We can arrange for introduction to a court approved mediator.
How we charge for taking your case forward
Only when we agree a plan with you on the way forward our solicitor can then provide you with a written quote for the cost of their work required to take the next steps in your plan of action. We can assist with both preparing court applications statement taking and evidence gathering. We can also arrange court representation using a family law barrister where one is required. Our charging rates are competitively priced at £160 per hour (£192 per hour including vat) All fees quoted will be agreed by you in advance before any work is started. Until that fee is agreed by you there will be no fee to pay. We also give our promise that these fees will be kept to. Our promise to you.