Wherever possible it is in both parties’ interest to agree a financial settlement. However if a settlement cannot be agreed, either party can make an application to the Court for an finances to be resolved. This is called a Financial Remedy Application.
There are strict procedures that have to be followed. Mediation may also be a requirement before an application can be made to the Court.
If a settlement is reached then a Consent application setting out that agreeement is drawn up for the courts approval and once the Order has been made it is legally binding on both parties.
If an agreement cannot be reached and mediation fails or is not appropriate, then an application can be made to the court to resolve the issues.
During the court process both parties will be reqiuired to provide full disclosure in respect of their financial positions.
There may be several directions made on the filing of evidence during this process and there may be more than one court hearing.
If an agreement cannot be reached at the initial hearings then there will be a final hearing, whereby the Judge will make a final Order which will then be binding on both parties.
Here at Tustain Jones & Co. our Family Team includes an Accredited Specialist in financial matters and so we are fully equipped to advise and assist you in any matters relating to a financial dispute
We aim to assist you in reaching a settlement without having to go through the court process which can be a lengthy process, stressful and costly.
We will provide you with a clear indication our costs at every stage, whether or not your case results in a formal application being made to the court.