Financial Remedy Options at the breakdown of a marriage

At Henry Chambers, we understand the worry and difficulties that can often come with the breakdown of a relationship. It is important to understand that your financial link will remain live in life and death unless severed by a Court Order. While this has been a long established fact, it is not one that is widely understood.

If you or someone that you know finds themselves in this situation, knowledge is key. There are several options that would be available, and this article will shine some light on how solutions can be reached. Firstly, it is important that where possible matters are kept as amicable as possible. Long drawn out contested proceedings will only inevitably lead to significant delay and legal costs. This will have the consequential impact of reducing any funds available and only make financial matters more difficult.

Secondly, it is important that there is an understanding as to the true financial picture. Any agreement reached can only be that made on solid foundations which are built on full and frank financial disclosure. This will mean that there is complete trust in the agreement or resolution reached.

One option to consider at the outset is the prospect of Family Mediation. Detailed information of Mediation can be found on our designated page for this (Family Mediation – Henry Chambers (henry-chambers.com). Briefly, this is a process that allows open discussions to try find workable solutions. The individuals themselves stay in control of the process and set the parameters for how they would like to operate moving forward. A key element of Mediation is that it is a voluntary process, and it must be something that both individuals themselves wish to enter into and follow respectfully. You simply cannot force somebody to enter the Mediation process and again the information provided must be true and accurate.

Perhaps an underused and basic solution is that of a simple agreement between the individuals themselves. This can commonly happen in a variety of ways being conversations around the kitchen table or assistance with family and friends to try and find agreeable and workable solutions. Any agreement reached should be checked by a qualified Legal Representative. Henry Chambers is able to offer such assistance under the Public Access Scheme whereby members of the public can instruct us directly to hold conferences with clients and discuss these matters in more detail. We are also able to draft any Court Orders and required documentation to assist on that basis.

If matters cannot be agreed either with the assistance of friends and family or indeed the use of Family Mediation, then there will have to be the inevitable consideration of Contested Financial Remedy proceedings. These proceedings are commenced with the filing of a Form A. The Court will then usually schedule three Court Hearings (further hearings may be required on a case by case basis). The first of these is the First Appointment, which is a case management hearing where the Court will have a brief hearing to assess the evidence before it, and the requirement for further information that should be obtained to allow the case to progress further forward. In some cases it can be that this hearing is not required, where the information is sufficient to proceed to the second hearing.

The typical second hearing will be the Financial Dispute Resolution appointment which allows the parties to have discussions with a Judge to try and find an appropriate solution. The Judge will give an indication regarding how they would view a sensible settlement in the case based on the information and evidence they have before them and applying the criteria outlined in Section 25 of the Matrimonial Causes Act 1973. This hearing is held under the Without Prejudice rule which means that all matters discussed remain private to that hearing.

If an agreement cannot be reached then the case will proceed to a Final Hearing where the parties will be required to give evidence, along with any ordered Experts and other witnesses. The Court will then make an Order regarding all of the financial assets and issues.

Henry Chambers can take instructions from both solicitor Firms and members of the public. If you would like to discuss how we may be able to assist, please do not hesitate to email us at info@henry-chambers.com