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Divorce Financial Settlements | Divorce Lawyers | Parslows Jersey

Divorce Financial Settlements

Divorce Financial Settlements |  striving to reach an amicable resolution in your divorce

It is often the negotiations around divorce financial settlements which can cause most upset and confusion. Invariably it is this subject that leads to the greatest disputes.

We want to reach amicable divorce financial settlements

If possible, all parties to a divorce should strive to reach an amicable financial settlement. Where the parties are able to reach a consensus of opinion then Parslows Jersey can assist you in drawing up a consent order detailing the agreement made.

Once the Consent Order has been signed and it is agreed with the Royal Court, it will be a legally binding document and means that no further financial claims can be brought by either party. Parslows Jersey can advise on the terms of such an agreement in relation to divorce financial settlements and the drafting of the Consent Order for you.

We can’t agree on divorce financial settlements

Despite the best intentions of both parties, sometimes it is not possible to reach an amicable agreement. In such circumstances, it is still possible to avoid a court hearing by mediation to obtain financial relief.

Mediation

In such circumstance, Parslows Jersey would always suggest that you and your spouse consider mediation. A mediator is independent and impartial. The role of a mediator is not to give legal advice but instead to attempt to facilitate discussions between the parties, leading hopefully to an agreement.

Court hearing

Sometimes with all the best will in the world, where negotiation or mediation does not work, you will need a court hearing to help decide the issue. This will inevitably lead to a significant rise in how much the process will cost you both, so you should make every effort to agree a settlement before this stage. Parslows will advise you on your rights and what is reasonable. If you need to go to Court, they will also prepare all the documentation for your case.

Factors that the Royal Court will consider in reaching divorce financial settlements

When considering the likely outcome of divorce financial settlements, the following factors will be taken into account:-

  • The value of jointly and individually owned property and other assets and the financial needs, obligation and responsibilities each party has
  • Any debts or liabilities of the parties
  • Pension arrangement for each of the parties, including future pension values and any value to each of the parties of any benefit they may lose as a result of the divorce
  • The earnings and earning potential of each of the parties
  • Standard of living enjoyed during the marriage
  • The age of the parties and the duration of the marriage
  • Any physical or mental disability of either of the parties
  • Contributions that each party may have made to the marriage, either financially or whether by looking after the house and/or caring for the family
  • The welfare of any minor children from the marriage

The path to a Royal Court hearing

Basic Steps

A formal application (Form A) is filed with the Royal Court. This tells the Royal Court that you want it to decide how to divide the matrimonial assets.

The Royal Court will then issue a timetable to both parties requiring them to prepare and file certain documents. The most important of these is Form E. This is a financial and assets statement, which must be sworn. It includes full details of all personal assets anywhere in the world. In addition, both parties must obtain and file numerous other documents, such as bank statements, building society statements, tax documents, savings and investment documents, and credit card and loan statements.

Parslows Jersey will complete this for you, but you will need to provide all the necessary records.

The First Court Hearing

Approximately twelve weeks after filing the Form E, the first Royal Court hearing will be held. This is a fairly short hearing, where the Royal Court will want brief details from both sides as to what the case is about. They will then issue an Order for Directions, which tells the parties what they must do next and by what dates.

The judge will, for instance, direct that properties must be valued and that the valuer’s report must be filed at court, or that further bank statements must be obtained and filed.

The Financial Dispute Resolution (FDR) hearing

Around ten weeks later is the Financial Dispute Resolution (FDR) hearing.

You must attend this informal hearing.

No actual evidence is given, and you will not be cross-examined by anyone. The judge will hear legal submissions from both parties’ lawyers.

This hearing will also give the parties a chance to reach common ground.  If an agreement is reached, the lawyers will inform the judge, and provide them with full details of the terms of the settlement. The Royal Court will then draw up and issue an agreed final order. This is known as a Consent Order. It is an official court order and can be enforced if either party defaults.

If no agreement can be reached at the FDR hearing, the judge will order that the case must be listed for a full final hearing.

The Final Hearing

This hearing usually takes a whole day (sometimes two) and is formal. Both parties have to give evidence on oath, and are cross-examined by the other party’s Advocate. You may be asked at length about your personal and domestic circumstances, your financial affairs, your earning capacity, why you are not working (if you are not), what qualifications/work experience you have and your household bills. You can also be asked questions about any new partner and their finances.

At the end of the hearing, the judge will make a final order.  It is an official court order and can be enforced if either party defaults.

 

Divorce, Civil Partnership Dissolution and Family Lawyers

Natalie Jenner | Partner |  Divorce and Family law

For further information please do not hesitate to call 630530 or email us on  familylaw@parslowsjersey.com

We offer fixed fee divorce petitioner and fixed fee divorce respondent packages together with a regular Jersey Free Divorce Clinic – peace of mind right from the start.


Parslows Jersey can help

The breakdown of human relationships can cause great stress, anxiety and problems. The process of separation and divorce is rarely easy.

Our aim is always to attempt to deal with divorce as painlessly as we can. While this cannot always be achieved – much depends on an individual client’s own requirements and the way in which the other party to the case proceeds – we will always attempt to seek such a course for you.  We will look to solutions to solve any problems between the parties and not to add to the antagonism.

Our divorce lawyers are focused on providing you with expert advice with a truly personal service.

We advise on all aspects of family law: whether it be advice on divorce, dissolution of a partnership or financial settlements we can assist.

Our clients are pleased with our service and fees; we are confident you will be too.


Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.
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