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Financial Outcomes

Finding the best way forward

There are a number of different ways in which financial matters can be resolved and what’s best for you will depend on your own individual circumstances.

Often couples are able to agree financial matters through mediation or other types of family dispute resolution. Sometimes an application to the court for a financial order is necessary. It is important that you take legal advice as to the best option for you.

Court orders

The English court has wide powers in relation to making financial orders following a divorce or dissolution of a civil partnership.

This includes making orders for the sale or transfer of property both in England and abroad, for the payment of lump sums, sharing of pensions and for the payment of maintenance from one party to another for a defined period or indefinitely.

When deciding what orders to make, the courts will take into account all of the circumstances of the case and have specific regard for particular factors, especially individual needs and how these can be met from the resources available.

We have considerable experience in resolving financial disputes, whether through court proceedings or by advising clients who are taking part in mediation or other types of alternate dispute resolution. We deal with complex financial circumstances including trusts, ownership of companies, and often cases with assets held abroad.

 

Meet the team

Our specialists are knowledgeable, friendly and experts in their own individual fields.

 

 

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Please send us a message with your query. Alternatively, request a call back, if you would like us to call you. We will be in touch within 24 hours.

 

Guidance

Gender duress in marital agreements: an Australian case study

Marital agreements are not yet part of English cultural life. But undoubtedly family lawyers are now being increasingly asked to draft them. For many of us, our continued anxiety and worry is the pressure put on the financially weaker party, often although not always the wife, to enter into an agreement which is less good than relying on the law. Sometimes it can be very disadvantageous.

The final decree of divorce: Timing is absolutely everything

by Emma Nash

Q: Why does the timing matter of the application for the final decree of divorce?

A: Because it brings the marriage to an end.

Pension sharing in England after a foreign financial settlement

by David Hodson OBE

What is the situation? 

A couple on relationship breakdown abroad reach a financial settlement which involves sharing a pension based in England and Wales, sometimes based in the UK.  It may be pursuant to a foreign court order or a binding financial agreement.

What is the attitude of English pension companies?

DB v PB: Unfair marital agreements, chaos of EU law and unusual routes to fairness

David Hodson OBE 

iGuide: Enforcement of Financial Orders in England

iFLG provides guidance on enforcing financial orders through the Courts in England

iGuide: Child Maintenance

Many parents are able to agree child maintenance, or where necessary have to involve the Child Support Agency. Our iGuide explains more about child support arrangements.

iGuide: Financial Orders - Considerations for the Court

The family court has wide powers to make financial orders. Here is our iGuide setting out the types of issues that the court will take into account when making a financial order.

iGuide: Taxation and Divorce

This iGuide provides an introduction to tax issues on divorce for the tax year 2016/2017.

iGuide: Variation of Financial Orders

iFLG provides guidance on the variation of financial orders 

iGuide: Enforcing Foreign Financial Orders in England

The enforcement of orders made abroad in England is a complex area. Here is our iGuide to the process.

FAQ: Financial Outcomes

Frequently asked questions ­about Financial Outcomes

Breaking and setting aside Consent Orders

In this article David Hodson OBE considers the law around breaking and setting aside consent orders made within the family court.

It includes an analysis of seting aside orders due to non disclosure, fraud and misrepresentation, new or supervening events and undue influence.

Podcast: Financial Outcomes on Marriage Breakdown

David Hodson speaks on what is the law in England on financial outcomes on marriage breakdown. It has been the subject of two major House of Lords decisions and numerous Court of Appeal and High Court reported cases in the past six years. Yet many practitioners in England and abroad are confused by what is the state of the law. One thing is certain, looking to statute law will not provide an answer!

Podcast: Family Cases with an International Dimension

David Hodson speaks on family cases with an international dimension. For a lawyer dealing primarily with purely national cases, it can be rather a shock when a case arrives with an international element. What should the practitioner be alert to and what issues should be looked at?

The Family Law Show: Programme 8 - Child Support System within the UK

Lucy Loizou and Katie Harris discuss issues around child support and maintenance

The Family Law Show: Programme 7 - Finances & Assets upon Divorce

Lucy Loizou and Carmel Brown discuss how financial matters are dealt with on divorce

How to make and draft Consent Orders

In this article David Hodson OBE considers issues relating to the drafting and making of consent orders within the family court.

The analysis includes a definition of a consent order and what is required within it.

Can you set aside a consent order in the family court?

In this article David Hodson explores in detail the law behind whether you can break, or set aside, financial orders in the family court.

Financial Provision: Spousal Maintenance Formula

This article proposes formulae for calculating capital distribution and spousal maintenance on divorce. It does not seek to replace or reform the law. It seeks to help some couples and lawyers make better progress to a settlement and provide more certainty and predictability. The formulae are relatively easy to operate and can be adapted to IT Web based resources.

Special Contributions on divorce following Cooper-Hohn

Stuart Clark and Jenny Green consider the law on special financial contributions on divorce following the case of Cooper-Hohn.

Legal Services Orders: The First Guidance from the Courts

Since 1 April 2013 the courts have had the power to order a party to pay to the other an amount to enable them to pay for legal services within certain family court proceedings. This article explores the first guidance from the courts on these applications.

Thinking of varying a maintenance order?

Have you complied with the terms of the order?

The Family Court has power to order interim sales of property

Can the family court order the family home, or indeed any other family property, to be sold (with vacant possession given on sale) and the proceeds distributed on an interim basis before the final financial settlement?  The power to make this order is often vitally needed at an interim stage by practitioners and their clients in circumstances where, for example, there are considerable debts, it is known that the property will eventually be sold and perhaps one spouse is doggedly refusing to t

Supreme Court gives judgment in divorce non-disclosure and fraud cases

Hannah Budd of iFLG considers the background of the non disclosure cases of Sharland v Sharland and Gohil v Gohil leading up to the Supreme Court Judgment in October 2015.

Domicile and the July 2015 Budget

iFLG consider the impact of the changes to the tax treatment of non-dom's arising from the July 2015 budget and the potential impact of that on family law matters.

Supreme Court hears cases on issues arising from the non-disclosure of assets

The Supreme Court is this week hearing the combined appeals on two cases concerning the non-disclosure of assets in financial proceedings.

iGuide: Resolution by Out of Court Settlements

There are many different ways to resolve cases without the need to go to court. Here is our iGuide in relation to out of court settlements.

Attending Court – what you need to know

Advice and information on what to expect when you attend at court.

The International Family Law Group’s response to the Law Commission consultation on the enforcement of family financial orders

iFLG have submitted their response to the Law Commission’s consultation in relation to the enforcement of family financial orders.