Financial Claims & Agreements
All couples’ circumstances are different and we can discuss the specific circumstances of your case with you in detail. We will identify the key financial issues that need to be resolved during divorce proceedings, including; property transfers, pensions, shares and stock options, family businesses and maintenance claims.
Our colleagues who specialise in residential conveyancing and commercial law are able to assist in their relevant fields, to ensure that the agreements and court orders are put into effect. These specialist departments allow Arnold Greenwood Solicitors to offer a comprehensive legal service to our clients.
We can assist and advise you in negotiating a settlement with your spouse. If you are unable to reach an agreement, we can advise and represent you in court proceedings. If you have already reached an agreement with your spouse we can advise you whether the agreement is fair and prepare a consent order, which is a document setting out the agreed financial terms and is approved by a judge. It will usually contain a clean break clause which prevents either of you making any further claims against each other, except where there is a maintenance order.
Our experienced solicitors can also assist with:
A legal document setting out the terms of a financial settlement reached between a separated couple who are not married, or who are married but do not wish to obtain a divorce at present. If you have already reached an agreement with your ex-partner we can advise you whether the terms of the agreement are fair as well as preparing the agreement for you.
Alternatively, if you cannot reach an agreement with your ex-partner, we can negotiate on your behalf or advise you in relation to other methods of resolution such as mediation or collaborative law. Without the protection of a separation agreement there is a risk that your ex-partner may change their mind about the agreement that you have reached, which could result in you incurring further legal fees.
Pre and Post-Nuptial Agreements
A pre-nuptial agreement is a legal document drawn up before a couple get married detailing how their assets should be divided in the event of a separation in the future. Although pre-nuptial agreements are not technically legally enforceable in England and Wales, a recent Supreme Court case has made it more likely that they will be upheld provided there has been no undue pressure or hidden financial information.
A post-nuptial agreement is the same as a pre-nuptial agreement, except that it is made after marriage. You may want to consider having a post-nuptial agreement if you do not have a pre-nuptial agreement already or if you do, if it was made some time ago and/or your personal/financial circumstances have changed.
To arrange a free no obligation initial consultation please call Matthew Sterling on 01539 720049 or complete the form below.