Family

Finances

Finances

The issues raised by separation and divorce are momentous, and can be lifelong – particularly those relating to finance.

The Court can make orders relating to capital assets, which involve their transfer or sale, and these cannot usually be revisited in the future. It may also make income orders (“maintenance”) which can last for a specific period or during the joint lives of the parties. Income orders may be revisited (see “Variation of existing financial orders” below), but those made at the start will often continue to have influence. Whatever the other pressures at this most difficult time, specialist legal advice at this stage is terribly important.

The courts powers in this area are a matter of legislation. However, the way they will be applied is left substantially to the Judges themselves. This means that while the broad approach that will be taken by the Courts is well established, it is an ever developing area, and every case is different and dependant on its particular facts and circumstances. This is particularly the case where assets exceed the needs of the separated parties and those of minor children. There is no substitute for an up to the minute knowledge (which we always have) of case law, and of the developments in judicial thinking.

We always hope cases can be settled through discussion and agreement – many are – to avoid the cost to you (not just in money) of a final Court hearing. Matters settled by negotiation, mediation, collaborative law or arbitration, still result in a Court Order (and therefore have the force of law). We can advise on all these aspects.

Whatever method you choose to resolve your financial issues, the starting point of any discussion is always full and frank financial disclosure by both parties. This is usually done by each party completing a comprehensive form setting out what their respective assets, income, liabilities and needs are and we can complete these with you using specialist software to make this process as straightforward as possible.


Foreign finance

If you have substantial connections with more than one country, you may have cause to seek financial assistance within the UK after an overseas divorce or annulment.

If an Order made in another country has caused, or could cause hardship, then there is a mechanism in this country for the Court to make Orders for financial provision in relation to that foreign divorce.

The Supreme Court has had cause to look at the law and procedure surrounding such cases, and there are certain considerations that this Court must consider before it agrees to exercise its powers to grant financial relief. These require the Court to look at the connection which each of the parties has with England and Wales, and with the country in which the marriage was dissolved or annulled, and the impact of the financial orders originally made.

As such cases are fairly rare, and the permission of the High Court is needed before any application can be made, such cases are procedurally quite complex. We have experience in dealing with these applications and would be happy to help if you faced with such a situation.


Variation of existing financial orders

Times change. All financial orders reflect the circumstances at the time they are made but, if these change, then, in some circumstances, orders can be varied, either by agreement or through an application to the Court.

Our team is experienced in guiding both parties through this process.


Injunctions

Family Experts

We identify our clients’ needs and tailor our work to each set of circumstances, providing high quality, cost effective advice. We are a multi-disciplinary practice and work collaboratively to provide a comprehensive service across all of our practice areas.

Filter By
  • Position
  • Reset

Jo Carr-West

Partner

Jo Carr-West

Partner

Henry Hood

Senior Partner

Henry Hood

Senior Partner

Richard Kershaw

Partner

Richard Kershaw

Partner

Amy Scollan

Partner

Amy Scollan

Partner

Mark Stiebel

Partner

Mark Stiebel

Partner

Polly Atkins

Associate

Polly Atkins

Associate

Eri Horrocks

Associate

Eri Horrocks

Associate

Philippa Kum

Associate

Philippa Kum

Associate

Anna Roiser

Knowledge Development Lawyer

Anna Roiser

Senior Associate

Bertie Cornett

Paralegal

Bertie Cornett

Paralegal

Latest Family Headlines

May 12, 2022
Eri Horrocks examines post-separation assets in Today’s Family Lawyer
May 03, 2022
Polly Atkins reviews guidance on applications for security for costs in Family Law Journal
Apr 26, 2022
Eri Horrocks examines whether post-separation assets can be shared on divorce
Apr 20, 2022
Henry Hood interviewed by Nick Heath at Capital Asset Management
Apr 13, 2022
Henry Hood and Eri Horrocks discuss separation agreements and examine the case of Horohoe v Horohoe in STEP Journal
Mar 30, 2022
Henry Hood and James Vernor-Miles share their advice with unmarried couples co-owning (or buying) property together in Tatler’s Address Book
Mar 01, 2022
Polly Atkins examines the family justice system from the recent case of LS v PS in The Law Society Gazette
Feb 14, 2022
Polly Atkins examines the role of litigation funders vs privileged material in family litigation in Litigation Finance Insider
Feb 11, 2022
Polly Atkins reviews Shades of Scarlet by Anne Fine and discusses a tween’s guide to navigating divorce (for tweens and their parents) in EPrivateClient
Feb 08, 2022
Anna Roiser discusses no-fault divorce and key questions
“A really excellent firm. Strength across the board in the family team and at all levels from senior partners to associates. Providing excellent value for money. Dedicated and committed and extremely supportive of its clients – providing sound and realistic advice with a proper eye on costs”

The Legal 500 2021

“There is no other firm that manages clients’ expectations as its lawyers does, or who will better hold the clients’ hand in what is often such a traumatic and difficult time for them”

The Legal 500 2020

“All of the partners are extremely able, headed up by the king of rainmakers, the indomitable Henry Hood. The department now also has some of the best associates in London. It has such strength throughout”

The Legal 500 2021

© Hunters Law LLP 2022 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)