Ross Coates Solicitors

When two parties separate, whether they have been cohabiting, are married, or in a civil partnership, it is necessary to deal with the financial assets that tie them together. Often there will be the home where they lived which is one or both of their names, there may be a business, pensions, a holiday home or other investment property, and potentially the need for continued assistance with income to meet the mortgage, bills etc. Walking away from it all, does not make these things disappear.

It is important that advice is obtained to separate and deal with all aspects so that a fair settlement can be obtained. We have a great deal of experience in dealing with such matters and are very aware that this can be a very emotional and upsetting time.

Many people are worried about the cost of instructing solicitors to deal with such matters but the potential cost of not dealing with them can be much greater. Just because a married couple divorce, does not mean that they are automatically no longer financially “tied” to each other.

For example, if one party inherits after a divorce, or wins the lottery, unless a “Clean Break” Order has been made, the other party can make a claim against that inheritance, even many years later. Furthermore, if one party dies, the other party can still make a claim against their estate. It is for this reason that it is important to not only come to an agreement as to finances on divorce but to also ensure that a Court Order is obtained. If obtained by consent, neither party has to attend the Court.

If parties do not want to divorce immediately, a Deed of Separation should be drawn up to record any agreement they have made. This is binding on the parties and although not binding on the Court on divorce, is generally followed by the Court as long as it is fair and at the very least is taken into account.

Our specialists have extensive experience in relation to all financial and property matters and we can assist with all issues surrounding divorce and separation, including children disputes, obtaining parental responsibility, domestic violence, wills, buying, selling and transferring property.

We also pride ourselves on being experienced specialist lawyers who are professional, friendly and approachable.

To find out more contact our family department on 01728 723581 or e-mail them at michelle.ellis@rosscoates.co.uk