A Case Study
Divorce can be a complex and emotionally challenging process, especially when it comes to dividing financial assets. In one notable case where we represented the wife, her husband failed to engage in the financial remedy proceedings. This article outlines the steps we took to ensure she received a fair financial settlement.
The Situation
In this case, our client, the wife, faced significant challenges when her husband provided some initial financial disclosure but then refused to engage in the financial remedy process. This lack of cooperation made it difficult for her to claim her rightful share of their marital assets. As her solicitors, we were committed to protecting her interests every step of the way.
Steps we took to achieve a fair financial remedy
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Starting the Financial Remedy Process
We filed a Form A application for a financial remedy order with the court, officially starting the legal process. This step was crucial for setting the stage for negotiations regarding asset division.
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Seeking Disclosure Orders
Since the husband was uncooperative, we applied for third-party disclosure orders. This court order allowed us to compel banks and other financial institutions to provide crucial information about his finances, which was essential for building our case.
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Implementing a Freezing Injunction
To protect our client’s interests, we requested a freezing injunction. This legal measure prevented the husband from selling or transferring his assets while the case was ongoing, ensuring that the marital assets remained intact. In addition, it ensured there were assets to seek enforcement against to recover our client’s financial settlement.
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Requesting Costs Orders
Throughout the proceedings, we sought costs orders to recover any legal expenses incurred due to the husband’s lack of engagement. By doing so, we aimed not only to alleviate our client’s financial burden but also to encourage the husband to comply with the process.
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Navigating Case Management Hearings
We participated in case management hearings, where the court set deadlines for the husband to fulfil his disclosure obligations or provisions for any breaches. These hearings were instrumental in keeping the pressure on him to engage with the proceedings.
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Preparing for the Final Hearing
Our team thoroughly prepared for the final hearing, gathering all necessary evidence regarding the husband’s finances. This included information obtained through third-party disclosures and documentation related to the freezing injunction.
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Attending the Final Hearing
At the final hearing, we presented a strong case on behalf of our client. We showcased all evidence of the husband’s finances and highlighted his non-compliance. The court considered all factors, including the husband’s lack of cooperation, when making its decision resulting in a generous but fair financial award for our client together with orders for costs.
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Ensuring Compliance with the Court’s Order
Once the court granted a favourable financial remedy order for our client, we took steps to ensure that the husband complied with the ruling. If he failed to do so, we were prepared to pursue further enforcement actions to protect our client’s rights.
Conclusion
Our experience in this case underscores the importance of proactive legal representation during divorce proceedings. By taking strategic steps—such as applying for disclosure orders, freezing injunctions, and seeking costs—we were able to secure a beneficial financial remedy for our client.
If you find yourself facing similar challenges in a divorce, it’s essential to work with an experienced solicitor. We are here to guide you through the process and ensure your financial interests are protected. Remember, you don’t have to navigate this journey alone.