Financial Disputes
Securing your financial future is a major concern following a relationship breakdown. We understand that you need financial security to face the future.
The financial aspects of divorce are dealt with separately to the divorce process. Using our decades of specialist experience, we advise you on what is fair, reasonable and realistically achievable, so you have clarity and peace of mind from the outset.
We’ll help you make informed and carefully considered choices, and together craft a solution designed to fit your specific circumstances.
When a marriage comes to an end, the court can make financial arrangements either by approving an agreement you and your former partner have reached or following a court hearing if agreement is not possible.
Most financial settlements take one of two main forms:
This usually involves a financial payment to help meet housing needs, together with ongoing maintenance payments, which may be paid for a fixed period of time.
Capital provision with ongoing maintenance
1.
A “clean break” settlement
2.
This involves a single capital payment, sometimes paid in instalments, which brings the financial relationship between you and your former partner to a complete end.
Financial support for children
Any financial settlement will take account of the needs of any children. Ensuring appropriate financial support for children is always a key priority.
The powers of the court
The court has wide powers to make financial orders on divorce, known as financial remedy orders.
These can include:
The transfer of property, shares or other assets
The payment of lump sums
Pension sharing or pension attachment orders
The payment of spousal and child periodical payments – known as “maintenance”.
This is a discretionary area of law, which means there are no fixed formulas or percentages.
Each case is decided applying the law to its own facts.
What settlement is right for you?
When deciding what would be a fair financial outcome, the court applies a set of legal criteria known as the “s25 factors” to the individual circumstances of your case.
The s25 factors include:
The age of the parties
The length of the marriage
The health of the parties
The standard of living enjoyed by the parties during the marriage
The income, earning capacity, assets and financial resources of the parties both now and in the future
The financial needs, obligations and responsibilities of the parties
The contributions (both financial and non-financial) made by both parties to the family including caring for children
Any benefits that may be lost as a result of the divorce
Our role is to help you understand how these factors apply to you and to guide you towards a settlement that is fair, practical and sustainable for the future.
Reaching a Settlement
Court proceedings can unnecessarily increase conflict and acrimony.
We aim to facilitate an agreement or settlement and use non-Court dispute resolution processes, if they give you a better chance of reaching the best possible outcome quickly and cost effectively.
If you have children, it is particularly important that you maintain a good working relationship with your spouse. The vast majority of our cases are resolved by negotiation, out of Court and without the need for a Court to impose an outcome on the parties.
We advise on asset and income division on divorce and work closely with you to pinpoint accurate asset valuations. With a thorough understanding of your needs, we will then use a the most appropriate processes to achieve the best result for you. We will work closely with you to ensure that your contributions are properly recognised.
We represent clients within settlement discussions and negotiations both inside and outside the Court process. This includes advising couples on all forms of Non -Court Dispute Resolution procedures and throughout the Court process if necessary.
Complex Litigation and Hidden Assets
We are renowned for our experience in complex family law litigation and have significant expertise in dealing with cases involving complex offshore corporate and trust entities, high value family or business assets, the tax consequences of divorce, or separation and pension issues.
This may involve obtaining freezing injunctions, attacking (or defending) trust and corporate structures and tracing hidden assets.
You may be worried that your spouse will not disclose all of his/her assets or will try to undervalue or dissipate them - minimising wealth by transferring assets to family, friends, or trusts to reduce financial claims. We can apply to the Court to reverse transactions and obtain freezing and disclosure orders, ensuring your spouse makes a truthful and honest presentation of their financial circumstances.
Our expertise includes dealing with cases involving non-disclosure, and we will help you ensure that realistic asset valuations, particularly in relation to properties and private company shareholdings, are placed before the Court, as well as providing clarity on liquidity issues, to protect your business.
International Disputes
Our outstanding track record includes international asset-tracing and cases involving offshore and foreign elements, international and jurisdictional disputes, the enforceability of foreign orders and the enforcement of English Court orders abroad.
We also act for parties who have sought to increase their financial provision following an overseas divorce where the original financial settlement was insufficient.
Hear what our experts have to say about Financial Disputes
Ribet Myles has 'gone from strength to strength and there is no one in the firm that does not provide a high-class service.
Ribet Myles is absolutely the star of now
The firm are very down to earth and human, you can have frank conversations with them about the good and bad points of a case and everything is refreshingly honest. There's no tiptoeing round things and they're personable
A wealth of experience
At Ribet Myles, our team brings together expertise across every area of family law. With experience, compassion, and a collaborative approach, we guide families through life’s most important moments.