Family run Solicitors based in Liverpool with a national reputation

  • 0151 258 1212
  • Matrimonial enquires: mary@cheesmanandco.com
  • Conveyancing enquiries: tim.unwin@cheesmandco.com

Financial and Property Matters

If you would like to discuss your situation in complete confidence, or find out more about family law and how we can help you, call us on 0151 258 1212

“Aim to resolve financial issues with effective negotiation for mutual agreement.”

Financial and property matters

Pursuit of court proceedings generally achieves agreement sooner as both parties are subject to the court’s strict timetable.

To achieve this requires the following steps:/p>

  • Identifying assets and issues for resolution
  • Disclosure of financial documentation relating to income, capital and pensions
  • Valuation of property, business or company interests.

It is important to keep disclosure of the above proportionate to the value of assets. Once that aspect has been met, effective negotiation can follow and proposals for settlement can be formulated. The following orders are available:

  1. Maintenance for a spouse.
  2. Property Transfer – e.g. the matrimonial home or any other property including shares in a family company.
  3. Lump sum payment.
  4. Pensions Order – usually a percentage share of a fund, whether private or occupational.
  5. Maintenance and/or lump sum for children.

The factors that will need to be taken into account when deciding what a fair settlement is are set out in law by S 25 of Matrimonial Causes Act 1073.

There is no law which tells you exactly what you may be entitled to. You need to bear in mind that the court has a wide discretion when deciding how finances should be arranged. There is a ‘yardstick of equality’ test, but this does not mean that there will always be an equal division of matrimonial assets. In a long marriage, the presumption of equality is strong but it is a guide, not a rule.

"Quite simply I felt 'looked after'. I was provided with very clear advice and recommendations as to strategy and was always accompanied and reassured in court."

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