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Financial Settlements
Either party to a marriage can apply for financial settlement once divorce proceedings have been filed. Upon submitting the application to the Court a time–table is imposed. This requires full disclosure of each party’s financial situation, and leads to negotiation aimed at settlement. If negotiation fails you proceed to a final hearing in front of a judge who will give a decision. The Court’s decision is binding. The court can impose penalties on uncooperative parties.
Where both parties are in agreement as to division of finances and need to formalise the agreement a Consent Order is submitted to the court. Once sealed by the court it becomes a binding order.
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Financial Settlements
Financial Settlements - Scenario Analysis Example #1
Mrs G left the home last year due to her husband's alcoholism. The home is in his name and he refuses to co-operate. He works as a Sales Director and has a large pension accumulated from fifteen years with his employer.
Our solution:
Mrs G petitioned for divorce on the basis of her husband's unreasonable behaviour. At the same time we filed a financial application. When Mr G failed to make financial disclosure we obtained an Order requiring him to do so in 14 days or risk imprisonment for contempt of Court. It was made clear that if he did not co-operate then the Court would make Orders giving Mrs G her share anyway and if necessary Mrs G would be given power to sell the house and to evict him. Mr G then settled the case.
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What our clients are saying:
ML - France
"I am so grateful to Mr Brookman and the team for having helped me start a new life. I don't believe that any other professional of such experience and reputation would have been involved with the dedication and knowledge as evident on my case - I was delighted with the outcome."
