Contested Financial Order

A Contested Financial Order is a legal process for settling money disputes when people can’t agree, often after a divorce or separation. It happens when couples can’t decide how to split their money, property, and debts, or decide on things like alimony or child support. When they can’t agree, they go to court, and the court makes a final decision.

 

Here are the main points:

  1. Court Involvement: When couples can’t agree, they take their money disputes to a family court. Each side tells their story, presents evidence, and argues their case.
  2. Sharing Financial Info: In this process, both sides usually have to share detailed financial information like income, assets, debts, and expenses.
  3. Court Decision: Eventually, the court decides how to divide their stuff, handle debts, and manage financial support. This decision is legally binding and must be followed by both parties.
  4. Consideration of Factors: Courts look at various things when making decisions, like each person’s financial needs, how they lived together before, their health, and what’s best for any kids involved.
  5. Lawyer Help: It’s common for people in this situation to have lawyers who speak for them in court.
  6. Appeals: Sometimes, if someone thinks the court’s decision was wrong, they can try to change it by appealing.

Contested financial orders can be tough for the people involved, both emotionally and financially, especially if there are lots of assets or money at stake. It’s usually recommended to get legal advice and try other ways to solve the disagreement, like mediation, before going to court, because court battles can be costly and time-consuming.

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Questions about our Divorce Services

How long does a divorce take

There are two elements to a divorce; there is the divorce itself and the financial settlement, which are both separate processes. The divorce process takes a minimum of 26 weeks.

How do I reach a Financial Settlement in Divorce

Essentially, there are four ways to reach a financial settlement in a divorce. These are:

Financial Consent Order (No Assets, No Financial Disclosure)

Financial Consent Order (Assets, No Financial Disclosure)

Financial Consent Order (Assets, Full Financial Disclosure)

Financial Court Proceedings

Click on any of the links above for more details.

How much will it cost?

The cost of a divorce varies depending on whether there are any marital assets and if an agreement on those assets can be reached without the need for court proceedings.

What if children are involved?

Where children are involved, the best solution is for the parties to reach an amicable agreement between them on the child arrangements post divorce. If this isn’t possible, we can assist you in obtaining a Child Arrangements Order.

Read more about child arrangement orders.

What if there is domestic violence in the marriage?

Where there is domestic abuse/violence in the marriage, there is a range of protective orders we can obtain for you in the family court, including:

Non Molestation Orders

Occupation Orders

Click on either of the above links for more details.

What will my Solicitor do on my behalf?

Essentially, your solicitor will do everything involving both the divorce and financial settlement on your behalf, including

Advising you on your legal position and the best way forward.
Drafting all legal documentation
Liaising with the court and your ex-partner or their legal representative
Finalising your divorce and financial settlement

What will I have to do?

You will need to approve the documentation before it’s sent out and provide us with instructions following our advice.

You may also need to provide us with supporting documents such as marriage certificates and financial disclosure documents, e.g., bank and mortgage statements.

What does fixed fee mean?

Fixed Fees means that we tell you your exact costs before you instruct us and detail the work we are going to do for that fixed fee. This enables you to know your costs in advance with no nasty surprises.

What's the difference between fixed fees and hourly rates?

Nearly all family law firms charge on an hourly rate structure, which means everything they do on your case, whether it’s progressing your case or not, is chargeable in 6 minute units, so with hourly rates of £200-£450 per hour, these costs can quickly become disproportionate.

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Perduco Law will provide expert advice and case management for a fixed fee.

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