Marriage, Divorce and Property Redistribution
We provide fixed fee advice on the appropriate property split.
We also provide fixed fee representation if your case ends up going to court (no matter how long the case takes you will know that our fees will not increase)
The law gives the court a huge amount of freedom to decide how the matrimonial property should be divided up.
Each time there is a divorce in England and Wales the court has the power to redistribute the property between the former spouses. The court has to question who owns an item of property but also has to decide who should receive it. Under English law there is no mathematical formula to help decide how the assets are to be divided.
If a husband or wife is considering divorce, it is very important to obtain professional advice at an early stage so as to understand how the law impacts on their particular marriage. We are happy to provide that advice for an agreed and affordable fee.
Given the wide powers available to the courts, most divorcing spouses prefer to reach an agreement over their property to maintain control over the exercise and avoid the emotional and financial cost of contested court proceedings. If the parties have solicitors representing them from an early stage they are more likely to appreciate what a court would be likely to order in their particular circumstances and, therefore, feel confident in agreeing the terms of a settlement.
In our experience, the longer these negotiations drag on, the more likely they are to become embittered and the worse the effect that it has upon the children. Traditional “hourly billing” can make the problems much worse as parents come under pressure from their solicitors for payment (usually at the end of each month) the resulting stress is often transferred to the children.
Unfortunately, if one party assumes an unreasonable position, court proceedings may be inevitable and the only way of reaching a final decision. We are happy to represent you for a fixed fee so that you know costs will not spiral out of control. In some cases you will require the services of an experienced barrister, in which case their fee for the hearing will be charged separately.