Financial Remedies

Dealing with financial and property issues can be one of the most challenging aspects of a relationship breakdown.

Our experienced team is adept at providing you with sound advice to secure your future. We listen to your objectives and advise you as to the legal options available to you, depending on whether you are married or unmarried. Our family team draw on their extensive expertise and are focused on providing practical, cost-effective advice to resolve matters swiftly with minimum stress and expense. We provide clear, robust advice on settlement and the appropriate route to achieve this, whether that is via negotiations between solicitors, through the courts or via mediation.

As members of Resolution, we subscribe to the Resolution Code of Practice and are committed to resolving matters in a constructive and conciliatory manner. We do however recognise that in certain cases, issues have to be resolved by going to court and will advise where urgent action is required. We will fiercely protect your financial interests and those of your family, and will effectively guide and represent you throughout any court proceedings.

The law applicable to those who are married and unmarried is significantly different. We will guide you through the appropriate procedure for your individual circumstances.

Finances on divorce/dissolution of civil partnership

Our experienced family law team provide advice on financial claims that can be made upon a breakdown of a marriage or civil partnership. Our lawyers offer pragmatic solutions to resolve complex issues and help you make informed decisions during a stressful time.

We have a diverse client base and act for individuals from all walks of life including professionals, entrepreneurs and high net worth individuals. We will tailor our advice to suit your financial circumstances and needs. We provide clear advice on the financial division of assets, including what is to be done with the family home and other property, pension provision, maintenance payments, inherited property, business interests and issues relating to trusts, where relevant.

Finances for unmarried families

Unmarried couples do not have the same legal rights in relation to property and assets as married couples. Following the breakdown of a relationship, unmarried couples cannot make the same financial claims as those who are married. Claims are limited to property interests and making claims for the benefit of any children from the relationship. Our lawyers advise on interests in property held by those who have been cohabiting (living together) and claims which can be made under the Trusts of Land and Appointment of Trustees (TOLATA). They also have expertise in advising on claims which can be made for the benefit of children under Schedule 1 Children Act 1989.  Those claims can include orders for top-up child maintenance where there has been a maximum assessment by the Child Maintenance service, school fees, lump sum payments and settlement and transfer of property.

Transfer of tenancy

Following the breakdown of a relationship it may be that the tenancy of a property has to be transferred from one person to another or from joint names to a person’s sole name. These applications are made under Family Law Act 1996. We advise on transfers of tenancies from one person to another or from joint names to a sole name.

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