Divorce and Separation often means having to split assets to provide for two households.In divorce proceedings the process is known as Financial Remedy and the division process is based on a mixture of the law as set out in the Matrimonial Causes Act 1973 and case law.
The purpose of Financial Remedy is to ensure that:
1. You have resources to meet your regular commitments as well as, in some cases, your legal fees
2. To consider whether you are entitled to or obliged to pay spousal maintenance
3. To consider what should happen to the matrimonial home and where each of the spouses will live following the divorce
4. To consider any other assets such as savings, multiple properties and even the family business
5. To consider pensions and whether they should be divided between you and your spouse.
Many matters are settled through mediation, however it is always a good idea to have the agreement formalised to avoid any further comeback and dispute. That will be when you will needs the services of Enfield Family Law to assist to draft a formal document setting out the agreement reached so that it can be approved by the Court. This is known as a 'Consent Order' to submit to the court for approval.
Unfortunately not all matters can be agreed by mediation and it may be necessary to issue formal proceedings. This can be a daunting and complex process and we at Enfield Family Law are here to help and guide you through the process and the various different stages.
Enfield Family Law can offer fixed fees for various stages of the process from completion of the Form E, (the document that provides a full picture of your financial position), to court attendances. Please contact us for further information as to fee structures