Agreeing how you split your complex assets

With considerable assets in the relationship, it’s advisable that you both have the support of your own lawyer through the process. This doesn’t mean you have to go to court, our experienced lawyers will work with you to try and obtain a full picture of yours and your spouse’s finances.

Unpicking complicated assets needs expertise, if you believe your ex is hiding assets, stalling with information, the business or property valuations seem low, or the declared income does not match the lifestyle, our in-house forensic accountants work with our lawyers to get a clear picture of whats involved. Following this, we will aim to come to an agreement by negotiation.

If a negotiated agreement isn’t possible the lawyer can guide you through alternative methods of resolution:

• Mediation – you can attend mediation with a mediator who will work with you both to try and reach agreement. We can work with you as you go through this process and provide advice and support. Part of the mediation process will involve you providing financial disclosure to each other. The mediator will be helping you both and will not advise you separately. It is wise to have legal advice in parallel to mediation to obtain advice on the discussions that are taking place in mediation.
• Court Proceedings – if an agreement cannot be reached or there are issues with one party not giving disclosure or indeed both parties’ positions are too far apart, then an application can be made to the court for the Judge to decide. There are usually three hearings and at the Final Hearing the Judge will make a final order which will be binding on both parties. Many couples reach an agreement before the final hearing, ending the process.
• Arbitration – Whilst similar to court in that an independent person will be asked to make a decision for you, it offers a more flexible and less formal setting than a courtroom.

Once an agreement is reached (either through negotiation, mediation or court proceedings), a financial remedy consent order can then be drawn up and submitted to the court for approval.