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Key stages of the divorce finance process

There are a number of steps and forms to complete in the divorce finance process:

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Financial disclosure


There are a number of stages in the financial disclosure process, some of which include forms to complete which will eventually be exchanged by both parties. Issuing your financial application: the Form A To start financial proceedings, you need to make a separate...

First Directions Appointment (FDA)


What is the First Appointment?  The First Directions Appointment is commonly referred to as the ‘First Appointment’ or ‘FDA’. This is the first hearing that takes place during the financial remedy proceedings. It constitutes a...

Financial Dispute Resolution (FDR)


The FDR is the stage at which most cases settle. It is a special type of hearing which is focused on achieving a negotiated settlement between the parties. An FDR hearing takes place on a “without prejudice” basis, meaning that things that are said there cannot...

Final hearing


If your case is “fully contested” and cannot be settled, it may well proceed to a final hearing. At a final hearing, the court listens to the evidence of both parties and decides which assets are matrimonial and how they should be divided. Final hearings...

Divorce and Tax


Although the financial impact of divorce is something that the parties are likely to expect, often the tax implications are not something that is initially considered. However, any change in circumstances can affect your tax liabilities and so it is very important to...

How to value a business in a divorce?


To value a business during a divorce, Financial Forensic experts will employ various methods to determine what a hypothetical buyer would pay. Separating assets can be one of the hardest aspects of a divorce and can be particularly difficult where there is a...

Stamp duty and the sale of the marital home


Stamp Duty from the sale or transfer of property as a result of divorce  Often, when parties divorce, the resulting tax implications of any sale or transfer of property does not form their first consideration. However, it is important to...

What happens to salary, bonus, and pensions in divorce?


Salary, bonus, and pensions all represent future sources of income a party in a divorce will receive. Income is not classified as a matrimonial asset and therefore they are not typically shared equally upon divorce. It should be noted, however,...

Divorce: financial advice


The process of getting a divorce is completely distinct to the process of making financial or child arrangements. A Final Order (decree absolute) will bring your marriage to an end, but it may not end the financial commitments that may continue to exist between you and...

What am I entitled to if I divorce my husband?


When a couple divorce, one of the major concerns is how the parties’ shared marital wealth will be divided between them post-separation. Women facing a divorce will often worry about the divorce settlement and ask us what they will be entitled to if they divorce their...

Guide to Barder Events


Originating from the case of Barder v Barder in 1987, a Barder event is defined as a new event that invalidates the main or fundamental assumption on which a financial remedy order was made and which can ultimately challenge that order. This type of event can be advantageous...

What is Form E?


For any divorcing couple, dealing with the financial arrangements can seem overwhelming and complicated. In order to ensure a fair division of a couple’s assets and financial obligations, it is necessary for all parties to understand the whole picture. If a divorcing...

How are debts shared in a divorce?


In a divorce, courts consider all debts acquired during the marriage (marital debts) to be shared by both spouses regardless of whose name they are under. Debts from before the marriage can also be considered marital debts if the finances were merged during the marriage....

Financial Remedy Orders


To many, the notion of a divorce entails an element of financial settlement. However, the process of getting divorced and of achieving a financial settlement are strictly seen as distinct (but interconnected) legal processes. Once a divorce petition...

Alternative dispute resolution for the financial aspect of divorce


Resolving the financial division of marital assets via the courts can be stressful, expensive, and time consuming. Without a prenuptial agreement in place, the parties can find it difficult to decide how the marital wealth will be divided. Alternative dispute resolution is...

Guide to how offshore assets are treated in divorce


What are offshore assets? Offshore assets include any asset - whether a property, bank, investment, or pension savings account or otherwise - located outside your country of residence. These assets may also include corporate wealth overseas, for example, a financial...

Guide to Private Financial Dispute Resolutions (private FDRs)


In recent years, and particularly through the pandemic, the challenges for couples have increased, and there has been an escalation in separation proceedings. Processes that offer more ease and less cost to separating couples have been increasing in popularity. Private FDRs...

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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