When separating couples find themselves facing the reality that their marriage or civil partnership has come to end, an immediate concern is the financial and property arrangements for both the short and long term. It is important to seek legal advice as soon as possible. Solicitors can advise on interim arrangements to enable each party to continue to manage financially and ensure adequate provision for dependent children.

Following separation, it is important to determine the financial needs of each party as soon as possible. A list of monthly expenditure can be prepared and decisions made as to how and by whom each outgoing is to be met. It is always preferable to pay monthly expenditure from income and keep savings intact. If there is a large disparity in the incomes of the couple, or one spouse has no income at all, there may be a potential claim for interim spousal maintenance so that the party with the higher income provides for any shortfall.

Once the financial settlement has been reached, there may well be ongoing maintenance for one spouse or civil partner, however, whenever possible, a clean break should be achieved. Maintenance claims can be capitalised, meaning that the party on the lower income receives a lump sum payment as opposed to monthly payments.

When determining a financial settlement, the aim is to achieve fairness between the parties. This does not necessary mean that the assets will be divided equally, but rather that neither party is treated unfairly, for example, a wife who has stayed at home caring for the children will not be discriminated against.

Consideration must be given to the housing needs of the children and the parent who is the primary carer for the children. It is preferable for the children to remain in the family home on separation but this is not always possible and in those circumstances, the priority is to ensure that alternative suitable accommodation is secured. Ideally, both parties housing needs should be met on separation but often, when there are limited assets, this is often unfortunately not possible.

At Hill & Company Solicitors, our experienced Family Solicitors understand that separation can be complicated and emotional and will guide and support clients through divorce or separation in a positive and sensitive manner, providing realistic advice to achieve a cost effective and favourable solution.

Our solicitors recognise that funding a divorce and a financial settlement is very important to clients and are therefore committed to providing quality advice at affordable rates. Whilst it is true that costs in divorce and financial proceedings can rapidly increase, this does not always have to be the case. There are ways in which solicitors can help to minimise costs wherever possible, such as encouraging clients to communicate with each other, making referrals to mediation and negotiating financial settlements between the respective parties’solicitors, in order to avoid issuing court proceedings which can be an incredibly stressful and expensive process.

In order to minimise the financial costs associated with the resolution of family law issues, our specialist family solicitors adhere to the Law Society's Family Law Protocol and the best practice guidelines of "Resolution" (an organisation of over 6,500 members of family lawyers and other professionals committed to the constructive resolution of family disputes) and seek to resolve disputes in a non-confrontational manner whenever possible. We appreciate that this is not always possible and if it does become necessary to issue court proceedings then we work in a proactive and cost- effective manner to ensure that no unnecessary costs are incurred and keep clients appraised of costs at all times.

Hill & Company Solicitors are also able to offer Legal Aid to eligible clients.

Hill & Company’s Family Department is headed by Heather Broadfield, a specialist family law solicitor. Heather is an accredited member of the Law Society’s Family Panel which recognises solicitors that are experts in their field and is also a member of Resolution.

To arrange a free initial meeting to discuss the options available to you please call 0161 928 3201

Heather Broadfield
Head of Family Law
Hill and Company Solicitors

Tel: 0161 928 3201
Email: h.broadfield@hillandcompany.co.uk