When a marriage breaks down there are often issues that arise alongside the separation itself. Couples need to decide what should happen with their assets and here at Scott Rowe our dedicated family law solicitor is happy to assist. Wherever possible, we will endeavour to keep the stress and time involved in resolving issues relating to matrimonial finances to a minimum. Where it is appropriate, we will always encourage the use of alternative dispute resolution to assist a separating couple to reach an agreement in a calm environment outside a court. Doing so can save both time and money.
Alternative Dispute Resolution
We will encourage our clients to consider engaging in a mediation process to try and agree issues relating to matrimonial finances, or at least narrow those issues which are in dispute. We have a close working relationship with a number of local mediation services and are able to assist in referrals for our clients and to support them through the medication process with the necessary legal advice and guidance.
If mediation is unsuccessful or inappropriate in some way, we will endeavour to resolve matters through negotiation rather than the court process. We can correspond with a client’s spouse or their solicitor, in an attempt to reach an agreement as to what should be done with matrimonial assets. We will offer our clients support and advice as we negotiate to ensure that any agreement reached is one that is appropriate and will achieve a good outcome for them.
If, despite everyone’s best efforts, there are matters that cannot be agreed relating to matrimonial finances, we encourage our clients to consider whether arbitration is a better option for them than litigation. Arbitration is a service whereby a trained arbitrator determines issues and disputes between parties and reaches a binding decision. It is a voluntary process which can be quicker, cheaper and less stressful that court proceedings.
If clients are able to reach an agreement in respect of matrimonial finances, we can assist and support our clients in the preparation of a Consent Order that can be submitted to the court. Our family law solicitor is able to prepare Consent Orders to ensure they cover all the necessary matters and are able to progress through approval by the court as quickly and easily as possible.
Our experienced family law solicitor can also assist in applying for a Consent Order where there are no assets in dispute between the parties, but it is appropriate for there to be a Clean Break Order. A Clean Break Order records that there is to be no further claim by either party against the assets of the other.
Of course, there are circumstances in which a divorcing couple are unable to reach an agreement in respect of financial matters. Our experienced family law solicitor is able to assist in making or responding to an application to the court for the resolution of matrimonial financial issues. We can advise on how best to proceed, the completion of necessary paperwork and the court hearings themselves. We can represent our clients at court or instruct a barrister to do so when that is the best option for our clients. We are happy to discuss with our clients, as and when it is appropriate to instruct counsel and we have a good working relationship with a number of local barristers’ chambers to ensure that we always instruct the best barrister for our client.