Rainer Hughes

Navigating Financial and Divorce Proceedings: A Comprehensive Guide

Introduction: Going through a divorce can be an emotionally challenging journey, often accompanied by stress and uncertainty. Amidst this turmoil, understanding where to begin can be the first significant hurdle. At Rainer Hughes, we recognize the complexity of such situations and are here to guide you through the process with clarity and compassion.

Financial / Divorce Proceedings – Where to Begin?

Going through a divorce can be very challenging and can be a very stressful time. Knowing where to start can be the biggest challenge of all.

It is important to know that there can be up to three elements to a breakdown of a marriage. There is the divorce side of matters, the financial side and any child arrangements. Child Arrangements are dealt with entirely separately however.

Divorce – No Fault Divorce

Applying for a divorce is a process which legally dissolves the marriage.

No Fault divorce came into effect April 2022 in which there is no longer any blame game. All marriages will be commenced on the basis that the marriage has irretrievably broken down. This to try and enable the process to be commenced more amicably and removes any finger pointing.

Once the application has been issued there is a waiting period of 20 weeks before the application for the first stage of your divorce, which is your Conditional Order, can be made. The 20-week waiting period enables for any reconciliations to take place and for both parties to be certain that they both wish to proceed with the divorce.

Once the application for your Conditional Order has been made and it has been received from the Court, the Final Order of divorce can be applied for 6 weeks and 1 day from that date.

Finances

Applying for a divorce is very important when dealing with any financial settlement. This is because you need to be at the first stage of your divorce which is your Conditional Order before any financial agreement can be sent to the Court for approval. When a marriage has irretrievably broken down it is important to commence divorce proceedings at the same time or prior to dealing with any financial settlement. This is to try and limit any delay.

When deciding how to deal with financial settlement, it is important that you know where to begin. There are numerous options available;

  1. Agreement between parties – This is where matters are amicable between the parties and parties are able to reach an agreement directly with one another.
  2. Mediation – Should parties be unable to reach an agreement directly with one another, Courts do now make it a requirement for mediation to be explored to try and limit any unnecessary legal fees being incurred in proceeding directly to Court. An impartial mediator tries to facilitate negotiation and aims to help parties to try and reach an agreement. It is important to note that mediation, however, is not always deemed suitable depending on the nature of the relationship.
  3. Negotiation through Solicitors – Should mediation be deemed unsuccessful; the next stage may be to try and negotiate through Solicitors, with the aim of trying to reach an agreement without incurring the substantial legal fees within Court Proceedings.
  4. Court – Court is usually seen as a last resort when an agreement is unable to be reached and all other avenues have been exhausted. There can be up to 3 Court Hearings within Financial Proceedings. Should parties be unable to reach an agreement and the matter progresses to a Final Hearing, it is at this point that a Judge will make the decision for you.

It is very important to note that whether an agreement is reached directly between one another, at mediation, through Solicitors or through Court Proceedings, that the agreement is then recorded into

a Consent Order which is a legally binding document. This provides that the agreement reached is in full and final settlement of all claims.

Should you have any queries or require assistance within divorce and financial settlement, please do get in contact with our Family Team today, in which we will be more than happy to help. Our aim is to try and ease the stress involved in going through a breakdown of a marriage. We act in the best interests of our clients in helping you to obtain the best possible result.

Conclusion

Navigating divorce and financial settlements can be overwhelming but you do not have to go through it by yourself. At Rainer Hughes, our Family Team is specialized in guiding and supporting you throughout this journey. We are here to fight for your interest as we seek to navigate, negotiate or litigation on the same. We offer expert help that will ease your burden during this tough period, so call us today for more information.