Financial Remedies
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Call 0208 826 1200 Make an EnquiryExpert Financial Remedies Services & Advice
Financial remedies often involve the intricate assessments of assets, income, pensions, trusts, business and other financial instruments. Resolving these matters often requires detailed analysis of complex arrangements, strategic negotiation and where necessary decisive litigation.
At Drake and Case, we focus on providing enforceable, equitable solutions that reflect the realities of your financial position, your future needs and achieve results aligned with their objectives.
Financial Remedies FAQs
Here are answers to some common questions about our legal services for Financial Remedies.
What are 'Financial Remedies'?
Financial remedies refer to the court orders that settle financial disputes during divorce. These can include lump sum payments, property transfers, pension sharing, and regular maintenance payments to ensure a fair division of assets.
Do we have to go to court to divide our finances?
Not usually. Most cases settle via negotiation, mediation, or voluntary agreement. If you agree, we draft a "Consent Order" for a judge to approve. Court proceedings are usually reserved for complex disputes where agreement cannot be reached.
How are business assets treated in divorce?
Business assets are considered part of the matrimonial pot. However, the court aims to avoid damaging the business's viability. We work with forensic accountants to value the business accurately and find solutions that extract value without destroying the company.
Will my pension be split?
Pensions are often the largest asset after the family home. They can be split (Pension Sharing Order), offset against other assets, or earmarked. We provide expert advice on the most tax-efficient and fair way to deal with pension pots.
What if my partner is hiding assets?
Both parties have a duty of "full and frank disclosure." If we suspect assets are being hidden, we can ask the court for specific disclosure orders, freeze assets, or ask for the final settlement to be set aside. We take a forensic approach to uncovering hidden wealth.
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