Fixed Fee Financial Settlement After Divorce

We offer a 1 hour fixed fee initial consultation by video . We will provide an overview of your position which will be helpful after the meeting is over.

The cost of a general family law initial consultation is £225 plus VAT. 

The first step is to arrange a meeting at a time to suit you. During the initial consultation we will discuss your case, options and the directions the case may take. We will also discuss with you possible and likely outcomes as far as we can, together with any risks, timescales, costs and tactics. There will also be time to answer any questions that you have.

Financial Settlement 

Where you and your partner are able to reach a financial settlement without going to court, it is important that the terms of your agreement are properly and fairly set out.

Through a divorce, this document is called a ‘financial consent order’ and the aim of it is to:

• Clearly record the financial settlement in writing
• Set out how the terms of the financial settlement are to be implemented
• For this to be binding and to provide for a financial clean break, where applicable
• To set out a clean break to avoid future financial claims
• For enforcement reasons in the event of non-compliance
• To provide for peace of mind and so you can move forward in life

We charge a minimum of £250 plus Vat to prepare a consent order. The fees are subject to the level of agreement between you both, the complexity of the case and/or drafting, any other issues arising (e.g. foreign jurisdiction), our advice and any questions you may have together the stance to be taken by the other party. 

Once we have further information from you, we can provide you with an estimate of our fees. 

The court fee is currently £53.

What should be included in a Consent Order?

• Preparation and the drafting of the financial consent order
• Amendments before the final consent order is prepared
• To provide for settlement of:
  • Capital and property claims
  • Maintenance (spousal and child)
  • A single pension sharing annex
• Preparation of the statement of information form (D81) required by the court
• Instructions on how you sign the consent order and D81 and how to file this at court
• Advice about your financial settlement and the merit of it
• Obtaining and/or reviewing financial disclosure
• Any negotiations
• Multiple pension sharing, companies, 3rd parties, trusts and international issues
• Representation at court (although where couples reach a financial settlement this is unusual)
• Any questions from the court or judge
• Implementation of the financial consent order
• Any issues concerning the divorce or children
• Enforcement
• 
  

If electronic signatures are necessary, then the fee for this facility is £2.40 per document. Other disbursements may be necessary to include a UK marriage certificate of £11, Land Registry search £3.00 and identity/credit check of £3.60. We will inform you of any relevant disbursements.

For more information please call us on 0191.3692383

Matter Now In Court 

If you cannot settle matters amicably then court proceedings will have to commence.

You may choose to deal with one step on your own and seek our help with other steps – we are more than happy to work with you on this basis and we believe that our packages will allow you to seek help at whatever stage you choose.

We have also identified any areas of advice or further work that fall outside our standard service and the necessary fees and payment terms for each stage of the process.

We hope this guide is useful in explaining where you are in the process at any given time and lets you know what further steps might be needed. We appreciate the process may appear complicated to those unfamiliar with the law so if you have any questions do not hesitate to contact us.

If your negotiations have failed, you will need to make an application to the Court. 

Step 1 leads to a First Appointment at Court which is generally a Directions Appointment to allow the move on to Step 2. This appointment is required if there has been limited and insufficient disclosure or if further and better information and/or valuations and professional reports are required before a Financial Dispute Resolution Hearing  (FDR) (Step 2) is schedule.

However, if all disclosure is done by this stage and it that accepted by the parties then you may be in a position to avoid the First Directions Appointment and progress to the FDR (Step 2) immediately.

Step 1 costs - £2500 + VAT

We will issue an application with the Court and update your financial disclosure as required by the Court. We will consider further your Spouse’s disclosure and raise a Questionnaire if required to obtain further and better information.

We will prepare and file a Questionnaire if appropriate and deal with Replies to any Questionnaires raised by your Spouse’s Solicitors and we try to negotiate a settlement at this stage.

As required by the Court prior to the First Appointment we will prepare and file a brief Summary of Facts and Statement of Issues, a Chronology and Costs Estimate. 

We will advise you upon those summaries produced by your Spouse’s Solicitor and we will represent you at Court at the First Appointment. 

On that occasion we will be seeking the Directions of the Court with regard to the timescale for each party to reply to Questionnaires and whether or not there is a need to appoint Experts for advice in relation to the value of properties or, occasionally, accountancy advice.

The fee includes a hearing in a local court to me (30 miles radius) If  the Appointment is not n a local Court to me costs for travel and maybe accommodation will have to be discussed

• £1,250 plus VAT + the Court fee (currently £240) for us to issue the application
• £1,250 plus VAT upon exchanging financial disclosure.

If you have failed to reach agreement at the First Appointment your application proceeds to another hearing known as a Financial Dispute Resolution hearing (FDR). At this hearing it is expected that all information and  documentation from all parties has been made available and all valuations and Expert’s reports have been filed and considered. You and your Spouse are will have also filed with the Court their proposals  for settlement.

At the hearing negotiations take place outside the Court and you are then given an opportunity to appear before the District Judge who will listen to a summary of each party’s financial circumstances and their respective proposals. 

The District Judge will then give an indication as to how he might expect matters to be settled. If the case cannot be settled he will set it down for a later date to have a full evidential hearing. He cannot at this stage impose any settlement but the aim is to guide you and enable you to negotiate further and, hopefully, settle your respective claims by agreement.

We will prepare and file your Replies to any Questionnaires raised by your Spouse supplying the supporting documentation. We will consider with your Replies to any Questionnaire we have raised and will go through the documentation carefully to advise you upon the making of proposals. If Expert opinions and/or valuations have been directed we will formally instruct those Experts and liaise with them where necessary.

We will advise you on the proposals to be made and upon any counter-proposals received from your Spouse.  Throughout this time we will continue to negotiate and endeavour to settle your claims. If that fails, and an FDR proceeds, we will prepare and file a full summary which will set out the historical background of your marriage/financial circumstances, current assets  and liabilities, any issues to be considered by the District Judge, and your proposals. We will also file with the Court an updated Chronology and Costs Estimate.

We will represent you at Court both in negotiations and in appearing before the District Judge. These appointments can often take up to 3 hours if not longer.

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We are happy to accept payments by instalments as follows:

• Payment of £1,250 plus VAT at the start of the step.
• Payment of a further £1,250 plus VAT on completion of all information gathering and before advice is given in relation to settlement proposals.

Please note that the above fixed fees do not cover any work that may be required in the event that further interim applications to the Court are required for Directions. Such applications will incur an additional cost which we will discuss with you should the need arise.

If your case has not been settled by the end of Step 2 a full and Final Hearing will be required. At this hearing, both the parties will give evidence to the Court in relation to their financial circumstances and both parties will be cross-examined by their Spouse’s Lawyer. The District Judge will then decide the outcome of your case.

There is a substantial amount of preparation for a final hearing and we will:

• Update all financial disclosure and information previously exchanged and filed with the Court.
• Prepare and file any narrative statements which the Court may direct.
• Prepare and index paginated bundles for use at the hearing.
• Advise you upon the Court process and your evidence.
• Prepare a full Brief for a Barrister to represent you.

The fixed price for Step 3 is £1,500 plus VAT but does not include Court fees or any other professional fees in relation to valuations and Expert’s reports,.

The fee does not include any additional applications that may be required or attendance at Court . 

This fixed fee is only offered if we have acted for you at an earlier stage in the proceedings.

Payment for Step 3 must be made in full at the start of Step 3.

If you require advice about any of these areas, or any other legal matter, do not hesitate to contact us.