Contested Financial Settlement (in Divorce)

Financial Remedy Proceedings

When divorcing it is most likely you will need some sort of Financial Remedy Order. If you cannot agree with your spouse how your assets are to be divided and any attempts at Family Mediation have failed. The next step is to either enter into voluntary financial disclosure and negotiations via your solicitor or make an application to the court for a Financial Remedy Order. During this process there will still be opportunities to settle your case by agreement however if this is not possible the court will, once an application has been made, ultimately decide “who gets what” in respect of your assets, savings, pensions, income etc.

As everyone’s situation is unique our Financial Remedy negotiations and court applications are charged at an hourly rate. Once you have an agreement you can then choose our fixed fee for preparing the financial remedy order and accompanying paperwork should you wish.

The cost of your contested divorce settlement will very much depend on the extent of your assets and the amount of work required to reach an agreement, or to get you through a final hearing, if no agreement is possible. At your initial meeting, once we have a lot more detail of your case and the issues involved, we will provide you with a clear estimate of our charges having considered your circumstances. Our estimates are based on the information you provide and our many years of experience. However, we can only provide an estimate and your actual charges may differ depending entirely on the amount of time spent on your case.

Contested property ownership (Cohabitee)

Order for Sale (TOLATA) Proceedings

When cohabiting couples separate it is not always possible to agree what is to happen to a jointly owned property. If you cannot agree to sell the property or for one of you to buy the other’s share, often the only way forward is to make an application to the court for an order for the sale of the property.

As everyone’s situation is different and we do not know whether or when an agreement is possible these applications are charged on hourly rate charging basis. The costs of such an application will depend on how many court hearings are required to either reach an agreement or obtain a final order from the court at trial.

In cases such as these, the best way to proceed is to book in for one of our initial consultations so that we may consider your circumstances fully.