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When a couple divorce or separate they have a number of financial claims. This can be a very worrying, uncertain and distressing time for you. Your financial claims need to be properly considered alongside dealing with any issues concerning the divorce and any children.
We are here to provide you with clear advice and a case plan to help you move forward; and to understand your divorce rights and financial claims. The objective is to achieve the best possible outcome for you.
A financial settlement can include all types of different claims:
These are the core financial claims, and the skill is to help you reach a financial settlement. Once a final agreement has been reached, it can be set out in a Consent Order or Separation Agreement.
The objective of the family court is to achieve a fair outcome. As part of this exercise, it is important that there is a proper financial disclosure and to see what is at stake. You divorce lawyer needs this information to help advise you about your legal rights and claims.
Each family case is different and depends on the facts of your case. The family court will take into account a number of principles together with a checklist of factors which can be seen here
In an international family law case, it is often prudent to obtain specialist family law advice in each relevant country. This is so you can compare the financial outcomes on a divorce and to help you make a decision on where best it is for you to validly proceed. We are experts in international family law and James Maguire is a Fellow of the International Academy of Family Lawyers – who are seen by their peers as being the most expert family lawyers in their jurisdiction and is by invitation only.
International Family Law
Divorce Finances
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The Family Court is under a duty to consider when a full financial clean break can be achieved.
In some cases this is very easy to achieve once the financial assets have been divided. In other cases, it might be more complicated. For example, if the couple can rehouse themselves and fairly divide the assets and pensions, then it is likely that a ‘capital’ clean break can be achieved. However, where there are ongoing spousal maintenance payments, the income claims may remain alive until the spousal maintenance comes to an end.
The purpose of a clean break is to stop a party from bringing a financial claim against you in the future; and so you can move forward with your life.
We acted for a wife. She explained that she ‘married’ overseas but the actual marriage had not been registered properly. This meant that technically she was not married and therefore had no financial claims even though she had been in a relationship for 30 years. The family home was also in her husband’s sole name and the risk was that she was not entitled to anything. We therefore took steps to register the marriage late with the relevant authority who then confirmed the legal marriage. This meant the wife had full financial claims and was able to obtain a fair settlement through the divorce and rehouse herself and provide for her pension.
We make International Family Law simple for you and take away as much of the stress and drama as possible. Remember, we’re on your side.
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We are experts in family law and specialise in divorce and finance cases.
We have a strong track record in achieving negotiated financial settlements for clients and cost effectively. This involves legal expertise, judgment, and strategy particularly as no two cases are the same. We are ranked in Tier 1 of the Legal 500 for 2023 for family law and have a very strong team of divorce lawyers.
It is important that you feel comfortable with your family solicitor; and we always provide professional and sensitive advice. Please click to view our testimonials.
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Maguire Family Law are experts in all aspects of divorce finance law and we can inform you of your legal rights and the strength of your case. We’ve helped so many people in so many varied situations, there’s no problem too big or small for us to assist you with.
Contact us for a no-obligation assessment of your case.
We are rated in Tier 1 of the Legal 500 – a law firm you can trust.
Our friendly team are experts in international family law.
We have an award-winning team of solicitors to help you.
