Can you settle your finances separately from the divorce?

Either way, legal advice from a divorce solicitor is vitally important to obtain.
Ancillary relief proceedings require the parties to follow the Pre-Action Protocol. The Pre-Action Protocol is intended to increase the communication between the parties before the court hearings in order to encourage settlement. If that is not possible, the Pre-Action Protocol put the parties in an informed and equal position.

A divorce lawyer is best suited to handle these negotiations. The Pre-Action Protocol requires the parties to disclose certain documents and present evidence. If the Pre-Action Protocol does not lead to a settlement, either party can apply for ancillary relief. The parties will then be required to attend a Financial Dispute Resolution Appointment. This is a hearing with a district judge aimed at trying to achieve a settlement regarding financial matters. If this stage does not achieve a settlement, the court will settle the financial matters in the final hearing.

A divorce solicitor can accompany and represent each party at this meeting. Any party that attends alone, is strongly advised to obtain legal advice beforehand.
The parties to a divorce can settle their finances without the help of the court. They are advised to take independent legal advice from a family solicitor when settling matters of finance. A family solicitor will be able to advise them on their legal entitlements, and ensure that their interests are protected. The family solicitor will also apply to the court to have the terms of the agreement drawn up in a consent order.

A consent order is a court order that ensures the parties’ agreement regarding financial issues is legally binding and enforceable. If it is possible for the parties to settle their financial issues without the need to for ancillary relief proceedings, they are advised to do so. Ancillary relief proceedings can prolong the divorce process and result in an agreement that is not satisfactory for either party.

A family solicitor will be able to advise their client on the best way to proceed in regard to the settlement of their financial matters during a divorce.

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