Finance & Property: FAQs

How long will it take?

Resolving the financial issues can take longer than the divorce, although not always. On average, if Court proceedings are issued, resolving the finances might take between 3 to 6 months.

Upon issuing proceedings, the Court will list a hearing to take place in approximately 3 months’ time. In the interim, the parties will have approximately 2 months within which they must exchange disclosure of their financial circumstances. The remaining month can then be used for negotiations. If agreement is not reached within this time, then at the hearing, the Court can be asked to assist the parties in resolving any remaining issues in dispute. If it is still not possible to reach agreement, then a further hearing will take place at which the Court will impose an order.

What if the other party won’t cooperate?

If Court proceedings have been issued and the other party fails to cooperate or attend hearings, the Court can impose costs penalties and can ultimately make decisions in the absence of the other party if necessary.

Will the settlement be legally binding?

If the Court makes an Order in relation to the finances then it will be legally binding upon the parties.

Will the other party be able to make any further claims against me in respect of the finances?

In most cases, once a financial settlement has been determined, the settlement will be approved by the Court within a field Court Order to effect a financial ‘clean break’ and ensure finality. Once this is done, neither party can make any further financial claims against the other.

What if we’re not ready for divorce but we want to sort the finances out?

Sometimes, when a marriage breaks down, neither party feels ready to commence the divorce process straight away but both parties wish to address the financial issues. A formal “Deed of Separation” can be drawn up to record the terms of settlement in these circumstances. The advantage of this is that the settlement can be formally recorded without getting divorced. However, whilst these types of agreements are often adhered to within later divorce proceedings, the Court does retain the discretion to vary the agreement. For more information please see Agreements & Deeds.

What if I enter a new relationship or plan to remarry? Is there anything I can do to help avoid a dispute if that relationship were to break down?

Yes, there certainly is. A ‘Living Together Agreement’, also known as a ‘Cohabitation Agreement’ provides the framework for couples who plan to live together to record their intentions and respective contributions to property. If you are contemplating remarriage, you should consider a Pre Nuptial Agreement. For more information please see Agreements & Deeds.

Do I need to make a Will?

If you are resolving family matters, it is a good idea to consider preparing or updating your Will. In addition to ensuring that your money passes to the people you choose, a clause can be inserted to appoint guardians to care for your child(ren) in the event of your death.

How much will it cost?

We offer various fixed fee options to resolve financial issues, depending upon your circumstances and the level of our involvement. The more you are able to agree with your spouse directly, the less involvement you will need from us. Click on the options below for further information.

Help Reaching an Agreement:

Service	Fee (exc. VAT)	Additional Court Fee (inc. VAT)
Initial Consultation - face to face, via email or telephone	Free
Preliminary Financial Advice in writing	£250.00
Assistance with Mediation	£250.00
Additional Advice Sessions during Mediation (per session)	£185.00

Agreement Reached

Service	Fee (exc. VAT)	Additional Court Fee (inc. VAT)
Consent Order	£750.00	£45.00

Agreement Not Yet Reached

Service	Fee (exc. VAT)	Additional Court Fee (inc. VAT)
Voluntary Disclosure & Negotiation	£1500.00	£45.00
Stage 1 - Up to and including Representation at 1st Court Hearing	£3000.00	£240.00
Stage 2 – From 1st to 2nd Court Hearing including Representation at 2nd Court Hearing	£2250.00
Stage 3 – Up to Final Court Hearing excluding Representation	£3000.00
Stage 3 – Representation at Final Court Hearing	Counsel's Fees - TBC
1 hour Top Up Block of Time	£175.00

Preliminary Financial Advice in writing

This service is suitable if you have had an initial free consultation with us and you would like us to confirm our initial advice in writing to you for future reference but you are not yet ready to take any further steps. We will explain how the law may apply in your personal circumstances and confirm what practical steps you may need to consider.

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Assistance with Mediation

This service is suitable for you if you think that you might be able to reach a financial settlement directly with your spouse but feel that the assistance of an impartial third party (the Mediator) would be useful. We can refer you to a Mediation Service and will advise you on the outcome and suitability of any agreement reached in Mediation. Should you require any additional advice sessions with us during the course of the Mediation process, then please note that an additional fee will apply for each additional advice session required.

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Consent order*

This service is suitable if you and your spouse have reached an agreement (possibly at Mediation) as to the division of your assets and you do not wish to exchange documentary financial disclosure or enter into further negotiations, but simply want your agreement made into a legally binding court order (including a clean break if appropriate).

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Voluntary Disclosure and Negotiation*

This service is suitable if you do not have an agreement and you want us to negotiate with your spouse on a voluntary basis outside of court. This involves the voluntary exchange of full financial information by both you and your spouse, i.e. bank statements, pension values, house values etc, with a view to negotiating settlement terms. If agreement is reached, then this can be made into a legally binding court order for an additional Consent Order fee.

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Stage 1 – First Court Hearing*

If Court proceedings are issued, then we will deal with all matters up to the first Court appointment, or if the first Court appointment is adjourned, then up to that stage. We call this Stage 1.

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Stage 2 – Second Court Hearing*

This covers all matters up to the second Court appointment, or if the second Court appointment is adjourned, then up to that stage. We call this Stage 2.

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Stage 3 – Final Court Hearing*

All matters up to the Final Court hearing. We call this Stage 3.

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* These service levels are subject to specific Schedules of work. Please click here for further information.

Please note that ALL fixed fee services are subject to additional Terms & Conditions. Please click here for further information.