Financial Cases
Financial Cases
When a relationship ends — whether you were married or cohabiting — dividing assets fairly can be one of the most challenging aspects of separation.
There are many common misconceptions. People often believe that because they paid the mortgage, the property belongs solely to them, or that a higher income means their earnings are theirs alone. In reality, assets such as property, pensions, vehicles, savings, and valuables are all taken into account. Where these assets were built up during the marriage, they are generally considered matrimonial assets and belong to both parties.
Assets acquired before the marriage may also be included if they were brought into the marriage or used for the benefit of the family. As a result, financial matters can quickly become complex.
Court Process
The financial court process itself is relatively structured. In most cases, there are up to two key hearings: The first hearing, the First Directions Appointment (FDA), focuses on identifying and valuing the assets and determining which are matrimonial. The second hearing, the Financial Dispute Resolution (FDR), is where the judge considers both parties’ positions and gives an indication of how the assets should be divided.
At the FDR stage, many people reach an agreement — either because the likely outcome becomes clear, or simply because they wish to avoid the stress, cost, and uncertainty of further proceedings.
However, settlement is always a choice. If you believe the proposals are unfair and you wish to have the issues fully examined, you can elect to proceed to a Final Hearing.
Final Hearings are far more detailed and complex, but they provide the opportunity for all outstanding issues to be considered and decided by a judge.
Representing Yourself in Financial Proceedings
Many people choose to represent themselves in financial proceedings. The FDA is generally manageable for litigants in person, provided the paperwork is prepared correctly. For the FDR, it is advisable to obtain support, either with preparation or attendance at court. For a Final Hearing, professional guidance with both preparation and the hearing itself is strongly recommended.
That said, where finances do not allow for full representation, self-representation is sometimes unavoidable. In those circumstances, it is crucial to seek advice and support wherever possible to ensure your case is presented clearly, accurately, and effectively..
Be Prepared. Be ready. Be Confident.
Get in touch
Telephone: 07927168656
E-mail: themckenziefriend@outlook.com