28/06/2017

Financial proceedings in divorce are often complicated and disputed. Reaching a settlement relies on both parties disclosing all of their assets, but in some cases, an aggrieved spouse may attempt to conceal some of their assets making it impossible to achieve a fair and equitable settlement.

Avoidance and disposition orders are an important part of an experienced matrimonial solicitor’s arsenal in overcoming these kinds of difficulties.
The law and practice relating to such orders is complicated and specialised but these orders give the court a number of powers if finances become a source of dispute.

For example, if your ex threatens to transfer assets to another party or to spend lump sums, they can be ordered not to do so and a bank and other financial institutions can be served with an order, resulting in a freezing of the transactions.

Similarly, if your spouse transfers assets to another party, the party who has received the assets can be ordered to return them, so that the funds are still available in the financial proceedings.

The court has the power to make a freezing application, which is an injunction to prevent a party from removing funds or property from the jurisdiction of England and Wales while the divorce is finalised.

A search order can also be granted if your spouse has documents relevant to the financial proceedings, which they have not disclosed and where there is a risk of them destroying or disposing of the documents.

The breakdown of a relationship is a difficult and emotional time for couples and their wider families, which is why it is essential that you have the support of an experienced family solicitor.

Your solicitor’s role is to guide you through the divorce process as painlessly, quickly and cost-effectively as possible, untangling difficult issues such as finances, child care and business issues.

If you would like advice on financial proceedings in divorce or any other family law related issue, please contact me on 01782 205000 or email sarah.jones@beswicks.com