Financial Arrangements

Family Law Services

Please contact our specialist family law team for assistance.

EXPERT GUIDANCE

We at Charles & Co Solicitors pride ourselves on providing expert guidance and advice to aid the swift resolution of financial issues arising upon divorce.

Gurjit Chahal who heads the matrimonial team takes a special interest in financial remedy matters and has the ability to break down the most complex financial claims in simple language. Equipped with a mathematical brain and over 28years of family law experience, Gurjit ( who is also working towards Mediation accreditation) has the unique ability to navigate parties on their financial arrangements post separation. Our team will apply logic and a common sense approach to the complexities of divorcing couples thus providing relief from the anxiety and uncertainty of separation.

Our team has extensive experience of Intervenor claims whereby it has been necessary to join Third parties in proceedings to determine beneficial interests in property and assets in dispute.

Charles & Co are regularly instructed by parties on separation to secure specialist representation on how to resolve issues ‘once and for all’ in respect of

The Family home

Family Business/Shareholding

Buy to let properties or other investment properties

Income

Home Contents

Cars/Jewellery

Pension

Other Investments

What claims can my spouse make

Within divorce or separation, both parties can make what is called an application for Financial Relief pursuant to an Act of parliament namely Matrimonial Causes Act 1973. Within such an application, the court can make an order for the following:

Periodical payments to either party

Lump sum payments to either party

Orders for sale of property in sole or joint names

Orders for transfers or adjustments of property interests in any property held in sole or joint names

Pension sharing or attachment orders relating to pension arrangements

A combination of the above orders may be made and in doing so the court will take into account what is called section 25 factors-see link

Can I make a claim for my spouse to pay my legal fees

Yes and these are called applications for Legal Services Payments Order ( or LSPO for short). Such interim applications involve complex rules and specific steps need to be taken before launching into an application. Please contact our team via this link should you seek advice on the specific facts of your case.

Can my spouse make a claim against my non matrimonial or inherited assets

It is imperative to secure an early distinction on what constitutes marital and non-marital property as this could have a substantial impact on the overall outcome. Please contact us at Charles & Co for an assessment of your case and potential claims against non matrimonial/inherited assets.

Hidden Assets-Investigation

There is an overriding duty on divorcing couples to furnish full and frank disclosure of their financial affairs. This will normally be undertaken through a formal exchange of Form E’s (Financial Statement).

Please click for copy of Form E

Failure to comply with this duty can lead to Appeals and or agreements being re-opened/set aside and carry heavy costs penalties on the non-disclosing party.
If you suspect that your spouse has hidden assets and or is about to dispose of assets with a view to defeating claims, then we at Charles and Co can help with your investigations and work closely with experienced and court recognised forensic accountants . We specialize in advising you on your options and if necessary can help you secure emergency interim relief such as freezing orders/injunctions, third party disclosure orders

Agreements and Clean break Consent Orders

To be final and binding, any agreement has to be approved by the Courts. Drafting an order professionally and accurately to reflect agreed terms is probably the single most important task on resolution of claims and can avoid disputes over enforcement. We at Charles &Co provide competitive quotes and can help draft and file orders for approval with the court.

Is there a time limit to making claims-do they expire after say 10 years?

The short answer is no there is no expiry date and you can make a claim even after 10 years of separation ( although you should seek specialist advice if you have remarried without first making a claim in your divorce application).

It is however advisable to seek advice and start claims as soon as possible after separation.

Family Services

Gurjit Chahal
Family Law Specialist

0121 236 1985

Mon – Fri: 9:00 am -4:30 pm
Email family@charlesandco.org if you wish to book a consultation

View Gurjits Profile

Contact the Family Team

Fill in the form below and one of the Family team will get back to you as soon as possible.