Married couples or civil partnerships and financial settlements
When a couple is separating, it’s sensible for them to resolve, once and for all, the outstanding financial matters between them. Each party will want the security and certainty of knowing that any agreement reached will be binding and enforceable.
If the parties don’t wish to divorce, they can enter into a Separation Agreement to resolve financial issues. A Separation Agreement, however, will not bind the Court in the event of divorce proceedings at a later date and, even where the parties are in agreement over financial matters, it may be sensible to consider issuing divorce proceedings so that the settlement can be enshrined in a Court Order to ensure that it is binding and to assist its enforceability. Alternatively, Court proceedings may be necessary to resolve a dispute. Once proceedings have been commenced it may be that agreement can be achieved between the parties, who can then invite the Court to approve the settlement reached between them.
Disputes could be dealt with at mediation or through the Collaborative process, without recourse to the traditional approach of matters being negotiated through correspondence and / or through litigation through the Courts.
Visit the family home page for details of our team and the different service packages available.