This is a very interesting article by Rosalind Sedacca, to the point and good advice. If you need help and advice with children matters, do not hesitate to contact a member of our Family Team at Crombie Wilkinson Solicitors. By Rosalind Sedacca, CCT Being...
As part of most divorces or dissolutions of partnerships, there will be financial matters that need to be considered. To try to reduce worry over costs we have created a number of packages, depending upon your circumstances, which include the opportunity for a fixed fee arrangement.
If you and your spouse have already agreed how to resolve your financial arrangements following separation in divorce or dissolution proceedings then we can help to record these terms in a formal agreement or if appropriate in a Court Order.
We would undertake this work for a fixed fee [to be discussed with your Legal Advisor], plus the Court fee for the application, which is currently £45. This would include:
1. Initial advice and guidance about settlement and entitlement.
2. Drafting a Consent Order (Financial Agreement) and Statement of Financial Information.
3. Correspondence to you and your spouse or their solicitor.
4. Filing all of the documentation at Court and service of documents.
5. Submission (where relevant) of the Order to pension providers to implement its terms.
The following would not be included under the fixed fee:
a. Dealing with any assets which are in dispute.
b. Consideration of business, company, or self-employment accounts.
c. Representation at Court.
d. Obtaining and analysing financial disclosure from you or your spouse.
e. Where cases concern assets held overseas, this would need to be reviewed on an individual basis.
f. In circumstances where there are significant or complicated assets, property portfolios or businesses for example there would need to be specific tailored fees, which we would be happy to discuss with you in further detail once the circumstances are clear.
In order that we can effectively conduct your matter, you must agree to:
1. Give us instructions that allow us to do our work properly.
2. Not ask us to act in an improper or unreasonable way.
3. Cooperate with us.
4. Not act in such a way as to delay or prolong matters unreasonably.
5. It can be the case that protracted negotiations can take place without any reasonable prospect of settlement without the involvement of the Courts. If this is the case, you will agree to accept our guidance that matters are unlikely to reach agreement without the issue of Court Proceedings.
We can extend negotiations if you specifically wish us to do so however if our view is that these do not have any prospect of achieving an effective agreement we would reserve the right to agree additional charges with you.