solicitors

Separation and Divorce Financial Settlements

The financial implications of divorce and separation not only affect your standard of living but also have an emotional impact on both parties and your children. So the sooner agreements on financial issues and property claims are reached, the better. We in the Mogers Drewett Family team have the expertise to offer guidance and support in helping you reach a resolution whether that is by way of negotiation, mediation or by using the collaborative process.

Assessing the Matrimonial Assets

Before deciding on the division of the assets there has to be a careful appraisal of the assets that have been accumulated prior to and during the course of the marriage. Whilst valuing properties can be relatively straight forward, other investments such as a businesses, pensions and investments can require expert advice and further consideration. There are often tax implications that need to be considered when disposing of assets. Our team has a wealth of knowledge in this area and are able to help you assess the assets available to you, advise in relation to potential liabilities and help you to distribute the assets to ensure that your individual needs are covered, in a way which is fair and that will be supported by the court.

Dividing the Matrimonial Assets

When considering the division of the assets it is important to have an understanding of the legal concepts of needs, fairness and compensation. Our solicitors are able to assist you in navigating these concepts and provide you with advice as to how they will apply to your unique financial situation. Each case will turn on its own merits, and no two cases are the same. It is therefore important to seek legal advice prior to agreement or settlement. Our solicitors can advise you as to the appropriateness of the division of the assets, either at the beginning of the process, during negotiation, and prior to settlement.

What we offer

Our team have the skill and ability to assist you in reaching an agreement, providing legal advice every step of the way. The advice provided will be without the legal jargon so you can fully understand the options available to you.

Ranked and recognised in the legal directories

Compact and experienced team which regularly acts for high net worth individuals across the South West, and is increasingly active advising on international family cases. Highly thought of for its work on financial remedy matters together with related tax and pension issues. Also handles private children matters, including child and parental alienation cases.
Chambers & Partners 2018

Mogers Drewett LLP’s team is led by Victoria Strode, who handles a broad range of family matters, and specialises in financial matters involving agricultural and farming disputes. Collaborative practitioner Rebecca Silcock has strong expertise in financial disputes, particularly those involving businesses, pensions and trusts. The team also assists on pre-nuptial and cohabitation agreements and has experience of advising on private children law matters including removal from the jurisdiction, residence and contact issues.
Legal 500 2017

Contact us today

If you need assistance in understanding how financial settlements are achieved or looking for advice and support during negotiations then please contact one of our team who will be happy to assist. To arrange a consultation please contact a member of the team by telephoning 0800 533 5349 or send an email to enquiries@mogersdrewett.com.

Frequently asked questions

Prior to reaching an agreement you may need some interim relief or an urgent remedy to protect and preserve marital assets pending a final outcome. Our family team can give advice as to how this can be achieved.

Sometimes parties are unable to reach a resolution via negotiations, mediation or collaboration and the courts intervention is required. If this is the case then our team can take you through that process providing you with the support and guidance you need.

The court operates a three-stage process when it comes to applications for a financial remedy. However, at any stage in the process parties can make offers and counter-offers and reach a settlement.  

When the court receives an application, a date for an initial hearing called a ‘First Appointment’ will be fixed. This usually takes place 12-16 weeks after the application is submitted. The aim of the First Appointment is to identify the issues in dispute, and prevent costly investigation into irrelevant issues. Both parties will usually have to attend in person, with their lawyers if they have them.

Before the initial hearing both parties would need to disclose full financial information. The judge will consider the documents, let each party know the questions they must answer and the documents they must produce. Where an independent opinion is necessary, the judge may order that the parties are to instruct an expert e.g. an actuary – who advise on pension valuations - to consider pensions or an estate agent to carry out a property valuation.

In almost all cases, the judge will then demand that both parties attend a Financial Dispute Resolution (FDR) hearing for the main purpose of settling the dispute.

In most cases parties reach agreement before, at, or shortly after, the FDR and so it is important both parties attend the FDR, with their lawyers, unless the court directs otherwise. The FDR judge is expected to give his or her view on the issues between the parties on the basis of all the information available to the court. The judge will look at all the papers, including privileged settlement offers which would not be seen by the judge at a final hearing. Privileged offers are not normally seen by the court and so the parties can alter their position – they are not tied by the offers they have made. By allowing the FDR judge to see all offers s/he will be able to get a more accurate picture of how close or far apart the parties are.

If by the end of the FDR, the parties have not reached an agreement, the judge will set the date for a Final Hearing.  The FDR judge will not be the judge that makes a decision at the Final Hearing.

The Final Hearing is more formal than the FDR, and both parties are required to attend in person and to give evidence under oath. Typically a Final Hearing takes place between 9-12 months after the initial application for a financial order is submitted. At the end of the Final Hearing a binding Court Order will be made.


If you have any more questions, please contact us on 0800 533 5349 or send an email to enquiries@mogersdrewett.com.

Meet the team

Victoria Strode
Victoria Strode
Head of Department & Associate Solicitor
Simon Walker
Simon Walker
Associate
Elizabeth Dowler
Elizabeth Dowler
Solicitor

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