In our Ask The Legal Expert column we get the latest specialist advice from JCP Solicitors.
Jill Bulteel who is a Director and Head of the Family team, based in the Caerphilly office, tackles an issue around divorce when mediation breaks down.
My wife and I are divorcing, and our mediation sessions ended badly.
She has always taken charge of our finances and is now being evasive and secretive about how much money we accrued as a couple. We don’t have children to consider, but I’m feeling insecure about my future. What is my next step?
Mediation doesn’t work for everyone, particularly if one party doesn’t feel the other is being honest or if one has more bargaining power than the other. Whatever the nature of your contribution to the marriage it will be recognised by the Court based on you and your former partner’s future needs, using the process of Financial Remedy.
This sees the Court determine:
• How to distribute assets between former spouses or civil partners following divorce or dissolution of the civil partnership
Financial Remedy applications only apply to married couples or those in a civil partnership who are in the process of getting or have got a divorce. If a party is concerned that assets are being hidden then the Court can order full disclosure of assets.
It is common for one party to a divorce, if they do not have the resources for a long legal battle, to settle for what is being offered by the other.
If this is the case, it is vital to speak openly about this to your Solicitor, who is in a position to push for a fair settlement for you. In some circumstances the Court will provide an order allowing money from matrimonial assets to be used to meet your legal fees. However, these orders are not commonplace, so you should seek help from a legal specialist to prepare this complex application.
For more information, please contact Jill on: 02920 860628 or by email: jill.bulteel@jcpsolicitors.co.uk
The question posed is based upon a hypothetical situation. This content does not constitute legal advice and is provided for general information purposes only.
