The client attended our offices after transferring from a previous firm of solicitors. It is not uncommon for a party to change legal representation during their case if they are not satisfied with the service that they are being provided.

When the client transferred their case, the parties were in the midst of negotiating a financial settlement and the fee earner who took over conduct of the case ensured that the client’s case was drawn to a satisfied conclusion.

The parties were married for 23 years and had two children, who at the time of separation were both in full time employment and independent. The assets within this case were modest and the parties’ main consideration was the income that they received from the company that the client had set up and made successful. There was also a claim for spousal maintenance that the client wished to capitalise if possible and, if capitalisation could be achieved, the parties were seeking a clean break financial settlement.

There were a number of factors to consider within this case despite the assets being modest. The parties’ former matrimonial home was not resided in by either party and was in fact resided in by family members. Whilst the client possibly wished to seek their share of the former matrimonial home, it was understood by the parties that the family members were not to be evicted and therefore a transfer of the property was more suitable than a sale. The parties therefore had to reach an agreement which allowed for a financial clean break and took into consideration the various aspects of the finances to allow for the former matrimonial home to be transferred, spousal maintenance to be capitalised and the business to be shared but to remain running to allow for future income.

As this case involved a business as the parties’ main assets/income, it was important that the parties obtained the correct and necessary financial evidence to ensure that the most appropriate and cost effective outcome was achieved for the parties. Financial evidence such as accounts and valuation of the business were sought together with financial advice with regards to any such tax implication on dividing the business. Obtaining such important information can be a lengthy process and added to the negotiations of the party’s settlement.

The client’s spouse issued financial proceedings in order to progress the financial settlement and set down a suitable timetable in order for the parties to gather their evidence that they wish to rely upon and help them reach an agreement.

Proposals were put forward by the client on a number of occasions although these were not responded to. The client’s spouse continually asked for further information and inevitably this cased a delay within negotiations.

The parties proceeded down the Court route and after a year of negotiations, the parties were able, through their legal representatives, to reach an out of Court conclusion. It has to be noted that the agreement was reached only a matter of days before the next hearing was due to take place. Due to the client’s legal team and dedication, a lengthy and costly Court hearing was avoided at the last moment and an order was agreed and submitted to the Court. The client was extremely happy with the outcome of their case as they were able to achieve their clean break, capitalise any maintenance claims and maintain a future income.

If you would like the divorce lawyers at Jackson Lees to assist you with the divorce process, call us today to find out more.