Financial Proceedings in Family Law & Mesher Orders
Posted on 13th November 2018
During Family Law Proceedings, the Judges have numerous options open to them when considering what terms to set within an Order.
If parties cannot reach an agreement between themselves outside of Court, and after attempting mediation, then your Solicitors in Lancaster would suggest issuing proceedings in Court to help finalise financial matters relating to the divorce.
Once the initial forms have been completed by one party, along with the relevant fee, and issued by the Court, Solicitors in Lancaster would need to collate all your financial information into the Court’s required format, usually known as a Form E document. The financial information required by Solicitors in Lancaster includes 12 months’ bank statements from every account that you have - whether in your sole name, or the joint names of you and your spouse – details of your Pension (if any), details of any properties that you own or have an interest in, any details of your job or earnings and details of your standard of living during the marriage and what you hope to achieve as a final outcome. Your Solicitors in Lancaster can help you to draft the document, and can arrange the documents in the appropriate layout. The Solicitors in Lancaster would then send the documents to the Court, and they would send a copy to your spouse or their solicitors.
Your spouse, or their solicitors, would be expected to collate the same financial information which they would then send to your Solicitors in Lancaster and the Court. You and your Solicitors in Lancaster would then have the opportunity to go through the documents provided by your spouse, and raise any questions in relation to these documents. The Lancaster Law Firm would then receive enquiries from your spouse, and would arrange an appointment to go through these with you.
You, your Local Divorce Solicitors, and your spouse and their Solicitors, would then be expected to attend the First Directions Appointment hearing, also abbreviated to the FDA. Before this hearing, your Lancaster Law Firm would be expected to file the following documents:
A Statement of Issues (i.e. a statement setting out what assets there are, and what issues you would like the Court to help to decide).
A Chronology of Key Facts and Dates (i.e. a list of when the parties were born, when they met, when any assets were acquired, when any children were born and when the parties separated).
A Form G (i.e. do you and your Local divorce Solicitors think that you and your spouse could potentially agree matters at Court and turn the first hearing into a combined first and second hearing, to finalise the matter).
A Case Summary (i.e. a summary of the matter and what assets there are, and what both parties’ positions are).
A Form H (i.e. a form detailing what costs you have incurred, such as the Court fee, and the fees of your Lancaster Law Firm).
If you and your spouse can agree matters and convert the trial to a combined FDA and Financial Dispute Resolution Hearing (FDR) hearing, thereby finalising matters, your Local Divorce Solicitors will be able to draft an Order, outlining the terms agreed, for the Court to approve.
If matters cannot be agreed, your Lancaster Law Firm will be able to advise you of the next steps in the process, and what documents you, with the help of your Local divorce Solicitors, need to prepare.
If you and your spouse cannot agree matters, the Judges are able to make a final decision on the matter, and who should get what assets. For example, one option open to the Court, explains Solicitors in Lancaster, MG Legal, is a Mesher Order.
Originating from the case of Mesher v Mesher , the case was one where the parties jointly owned the former matrimonial home. The property did have a mortgage secured against it, however there was a large amount of equity in the property. Mr Mesher had re-married and intended to purchase a new property with his current wife. Mrs Mesher also had intentions to re-marry, but wished to remain in the matrimonial home with the child of the parties, who was nine years old.
The issue the parties and the Court faced was that the two solutions which were obviously available, were not fair. The options seemed to be that they could Order the sale of the property or they could transfer the property to the wife. However, this would either leave the wife with capital but no property, or leave the husband without access to his half share of the sale proceeds.
The solution thought up by the Court, Solicitors in Lancaster explain, was that the property was held on trust for the parties in equal shares, with an Order that it be sold once the child reached the age of 17. The mortgage would be paid equally between the parties, and the wife would live rent free, whilst the son grew up.
Now-a-days, any Order which contains a ‘deferred charge’ can be referred to as a Mesher Order, your Lancaster Law Firm explains.
Whilst this is one of the options open to the Court (and the parties should they wish to suggest this to the Court), there are other options that are available, and your Local divorce Solicitors will be able to advise you on how you can progress your financial matters.
So, if you need legal advice on financial proceedings resulting from divorce, contact your Local Divorce Solicitors, Solicitors in Lancaster MG Legal, on 01524 581 306 or email firstname.lastname@example.org to see how we can help you.
MG Legal - Your Local Divorce Solicitors
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