Financial and Property settlements
With any divorce the most difficult aspect can be financial arrangements and looking at a long-term financial settlement. If there is no agreement the Court can make a decision in looking at the needs and resources of both you and your spouse but especially your children.
The Court will not automatically make decisions about financial matters unless asked to do so. A divorce can take place without a financial settlement being concluded. Before making a formal financial Application an assessment has to take place as to whether mediation would be an appropriate way of dealing with any dispute over the finances and this is called a MIAM (mediation information and assessment meeting).
To give certainty and finality it is usually important for an agreed financial settlement to be approved by the Court. This can be done with the Court being provided with a summary of the financial situation although it is not just a 'rubber stamping' exercise. A Judge has to be satisfied that what is proposed by a divorcing couple is fair taking into account all of the circumstances and their respective financial positions.
In addition to mediation other alternatives such as collaborative law and arbitration are often better ways of reaching an agreement without the need for a full Court Application leading to a Hearing.
To find out more or discuss your individual requirements in further detail, our dedicated Family Law solicitors will be delighted to help. Contact us today on 01603 693500 or email us using the 'Make an enquiry' form. Appointments available at our Norwich, North Walsham and Sheringham offices.