When your relationship breaks down, whether married or cohabiting, there is usually property, money or other assets that are owned by one or both of you. Sometimes it can be easy to reach an agreement as to how to divide those items, but other times, it’s a minefield. So what happens when you cannot agree how to divide or share them fairly?
Simon has many years’ experience in dealing with these kinds of problems. His legal qualifications, training and knowledge allow him to get to the heart of the problem, from where he can guide you to a settlement in a calm and reassuring way.
If you cannot reach an agreement with your ex-partner or spouse and mediation does not work, an application to the court will resolve the problem.
However, it’s not as simple as it sounds – going through the courts without somebody qualified to look after your needs is frankly a recipe for disaster.
Most people are unaware how the law considers property and how the courts will make a decision on the fairest way to divide them. The first step is to understand what you are entitled to. There are many factors to be taken into account and knowledge of the process is invaluable to your future, which is why having Simon on your side is so advantageous.
Cohabitants are often able to make a claim against the other party, even if the property was taken out in their name, owned before you got together and you have left. The law has its own way of considering all of the circumstances and deciding what should happen.
Married people have a better claim, but again, the law has its own way of deciding what should happen to divide the assets and that decision is based on a multitude of factors, so you need the right advice before starting out on the process of trying to get your fair share. Unless you know what to ask for, you may overlook important areas that could benefit you.
Preparation is key to ensuring that the short time you have before a Judge is productive and focuses on the issues that YOU have, as well as ensuring the concerns that brought you to court in the first place are considered by the Judge.
Let’s take a closer look:
The court process usually involves two hearings. An agreement is encouraged to be made at the second hearing which, if unsuccessful, follows on to a third and final hearing. When the application is logged with the court, you are asked to complete a form setting out your full financial position. The first hearing which follows is to look at the information you have both disclosed, and whether there are any issues with yours, or your spouse’s, form. You are then sent away to provide any further information and return for the second hearing. In theory, the second hearing has all the necessary information to make a full assessment of the financial situation, and the Judge will suggest an outcome. If that can be agreed, usually with some negotiation and adjustment, a final order is made. If not, then it goes to the third hearing.
Throughout the whole process, Simon will ensure you have a firm understanding of what is involved and that you are maximising your chances of obtaining the right outcome.
After each hearing, Simon will be able to advise you on the next steps, how to comply with the order and ensure that you do not fall foul of what is expected of you. Failure to follow the courts directions can prove costly to you, as there are usually repercussions for failure to comply.
There’s a lot more that Simon can do for you, but right now you have an important decision to make. When it comes to dividing your assets, you need the best advice and help you can get. Isn’t it worth spending five minutes now with Simon for an informal chat? After all, what happens next could influence the rest of your life.