Financial settlements explained

Solicitors in Portsmouth are able to assist their clients in working through, and overcoming, the daunting experience of considering all of their financial assets that have been accumulated as a couple, should the time come to go their separate ways.

Unfortunately, divorce is not uncommon, and it is with sincere respect that lawyers convey their experience in matters of this nature.

Agreeing to a financial settlement is an important step that all separating couples need to face should they wish to go through the formality of divorce proceedings.  There are other options available to people if they decide that divorce is not something they wish, and these can be discussed at length with a lawyer who has a better understanding of their client’s personal situation.

There can be an overwhelming amount of information that people need to take on board when understanding the law surrounding finances and divorce, as well as needing to know the steps that will inevitably be taken in order to reach an agreement.

There are several ways in which the separating couple can approach the situation, it depends on the mentality of these individuals and the reasons behind the breakdown of the relationship, as to how the following discussions will be led.

It is in the best interests of all parties involved that lawyers help their clients to approach the divorce proceedings in a non-confrontational and constructive way.  It has been proven that this results in the best outcome for everyone involved.  This is especially important when children are involved in a separation as the divorce should be as amicable and smooth as possible in order to minimise disruption to their lives.

What can one do?

There are several provisions that an individual can consider applying for, and after understanding the details of the couple’s financial relationship, a lawyer will be able to recommend the most appropriate course of action to take.

There is a maintenance order that can be requested that requires the spouse who earns more money to make payments to the financially weaker spouse on an ongoing monthly system.  This can be arranged for children as well, and is a common request.  A lump sum order can sometimes be a little more straightforward if it can be arranged, where a single amount of money is agreed upon and one spouse pays the other this in total.  Many individuals may find this more difficult to do, however, if it is possible and the separating individuals wish to cut ties completely with one another, this could be a more preferable option.

Attempts are made to settle an agreement outside of the court between the individuals and their lawyers who are legally representing them.  At all times, these lawyers will provide professional and legal advice on the matter, keeping a cool head throughout the meetings.  It is usually less stressful and a lot quicker than going through the formal court system. This will save all members a lot of money in legal fees as well.

Once a settlement has been achieved, a consent order is offered to the courts to then be made into a legally binding document that must be upheld.

Andy