The most effective way to resolve the financial issues which flow from a divorce will differ from case to case. You will almost certainly want to resolve those issues through constructive negotiation, possibly using mediation or the process of collaborative law. However, sometimes it may be necessary to seek resolution through the courts.
We have considerable experience in all forms of dispute resolution in this area. We always endeavour to help our clients to achieve a fair result in their case, while keeping firmly in mind the legal costs that are likely to arise from any course of action.
Fairness and Equality
In many cases a family’s capital assets will be divided equally upon divorce. However, the division of the capital and income may be complex when the individual circumstances of a family come to be considered.
Using our considerable experience, we can advise on issues such as:
- Whether all the capital assets should be divided equally, or should some assets owned by one party at the time of the marriage – or have been inherited since – be excluded
- What happens if a 50% share of the capital assets is inadequate to provide housing for a spouse who will have young children living with him or her
- How should income be divided between the parties, and should the weaker economic party have a continuing maintenance order
- How children are to be supported financially
In divorce proceedings each party has an obligation to declare their financial circumstances frankly and fully to the court and their spouse. Some do not, and attempt to hide behind offshore structures, trusts or nominees. The court has wide powers to unravel any structures established by a spouse with the intention of defeating or reducing the other spouse’s claims upon divorce, but the decision whether to seek hidden funds can only be made after a careful analysis of the likely legal costs and the possible benefits of the process. We can advise you on the advantages and disadvantages of using this route, using our wealth of experience in the analysis of complex financial structures around the world.
Preventing the Disposal of Assets
If a party does not cooperate, the court has the power to prevent parties from seeking to defeat financial claims being made against them. If you suspect that your spouse might be behaving in such a way, you should contact us straight away and we will advise you on the appropriate steps.