Financial & Property

Financial Arrangements at the End of a Relationship

At Proctor Moore we understand that sorting out the finances at the end of a relationship can be very stressful. Following a separation or divorce, agreements will need to be made between a couple about property, child support, maintenance and the division of other assets. In an ideal world, you and your spouse or partner may be able to reach agreement amicably. If this division and sharing of financial assets can be agreed between you then this agreement can be formalised simply by submitting a consent order to the court and, once approved and sealed by a judge, will become a binding order .

Financial Disputes

But what if you can't agree?  If you have tried talking to each other, attending meditation or negotiating without success then you may have to apply to the court.   Proctor Moore solicitors have extensive experience resolving financial issues in divorce and separation cases. What's more, you will find that our team is understanding of the sensitive issues you are facing. If you need practical advice about the various options available we can guide you through the process and do everything possible to find the settlement that works for you and your family.

Court Procedures

This requires full disclosure of each party's financial situation. We will advise you on making a financial application as well as preparation and filing of sworn financial statements, Form E, for which we provide fixed-fee costs. You will also be given guidance on property valuations, documents that must be disclosed and representation in court if you are required to attend. This includes financial dispute resolution hearings where the possibility of settling matters through negotiation is considered. If negotiation fails a full court hearing will take place before a judge who will decide what represents a fair division of your finances.

Relationship Breakdown and Property

Various orders can be made by the courts regarding the family home which can include: sale and division of proceeds, transfer of property ownership and/or lump sum payments. Courts can give short-term rights to the home such as the right to stay in or to have access to the property or long-term arrangements such as a deferred sale.

This is a specialised area of family law where expert advice is essential. Proctor Moore offers a free initial consultation for all family related matters. Please call us to make an appointment to discuss your individual circumstances. You will be informed of all of the required financial information and documentation necessary, the procedure if you are unable to reach an out of court settlement, the likely outcome of a contested case and the costs involved.