Parties are not always ready to dissolve their marriage legally or there may be legal reasons why they cannot initiate divorce or judicial separation proceedings immediately. That does not prohibit them from taking steps to record how they wish to divide their finances, resolve children’s arrangements and/or agree on how their separation should be formalised in the future.
Confidante can help parties to agree and draft the terms of a Separation Agreement or deal with the interpretation and enforcement of an agreement already in place.
If the marriage is truly at an end and the legal requirements to progress divorce proceedings are met, Confidante can guide clients through the entire process.
If parties are legally unable or morally unprepared to formally dissolve their marriage but wish to make the financial arrangements legally binding, Confidante can assist clients through judicial separation proceedings.
Clients going through separation, divorce or judicial separation proceedings will inevitably need to deal with their finances (either by simply dismissing claims or dividing more complicated asset structures).
The process invariably involves the exchange of financial information (either formally or informally) and once the disclosure stage is complete, negotiations follow.
If agreement cannot be reached easily (through offers or settlement meetings), parties may need to adopt alternative dispute resolution methods to try and resolve the case, for example, mediation, financial dispute resolution or arbitration.
In the rare event that out of court methods prove futile, the case will need to be determined by the Court. Confidante can guide clients through the process no matter which route applies to them.
Pre-nuptial agreements are entered into before the marriage takes place and set out what should happen if the marriage breaks down.
Post-nuptial agreements are entered into after the marriage and usually in contemplation of divorce. They too set out what should happen in the unfortunate event that the marriage breaks down.
In both scenarios, Confidante can advise on the content and legal weight of the agreement as well as the drafting of them.
Confidante can also help clients with the interpretation and enforcement of existing agreements.
Where parties have entered into a financial agreement or the court has determined the outcome of a case and one of the parties wishes to move away from the terms, Confidante can advise on the merits of such an application.
Confidante can also assist to amend those terms either by agreement or if that is not possible, through the court.