The breaking point in a relationship is one of the most stressful times you can go through.
At Pinkney Grunwells we offer a friendly and professional Team of expert Lawyers who have many years experience in advising and assisting couples through separation and divorce.
As members of Resolution we believe Family Law disputes should be dealt with in a constructive and non confrontational manner and we will aim to alleviate the stress or need for protracted Court proceedings.
Our Team of experts can offer advice and assistance in respect of the following areas:
- Divorce proceedings
- Financial issues arising from separation including
- (a) Advice upon and referrals to Mediation
- (b) Separation/Consent Order
- (c) Financial Remedy proceedings
What is Mediation?
Mediators are trained to help people resolve disputes. You will meet with a Mediator who will endeavour to identify issues in dispute and assist you in reaching an agreement. Mediators are impartial and they are not there to specifically advise either party. We at Pinkney Grunwells can advise alongside the Mediation process. In dealing with financial issues the Mediator will encourage the parties to exchange financial information and consider options available. The Mediator may suggest other help such as financial advice or support for your children. Once proposals are acceptable the Mediator will prepare a summary of them together with a summary of financial information which you will then be able to discuss with a member of our Team. If after both receiving legal advice you are still happy to proceed with the agreement reached we can assist in converting the summary into a legally binding document and carry out any necessary implementation.
Separation Agreement / Consent Order
This is the legally binding document which will be entered into once parties have reached an agreement in respect of financial issues. If there are divorce proceedings this will take the form of a Consent Order and the Order will be filed with the Court. Once the Consent Order is made by the Courts it will only be varied in very exceptional circumstances. If there are no divorce proceedings then the terms of a financial agreement may be incorporated within a Deed of Separation. A Deed of Separation will not prevent either party from pursuing a claim through the Court for financial relief; however it is very weighty evidence in support of a claim that any final Order made ought to properly mirror the terms of agreement reached as it is evidence of a party’s intention upon separation which is a significant factor the Court must take into consideration upon an application being made to the Court.
Financial Remedy Proceedings
Within matrimonial proceedings either party can apply to the Court for a Financial Remedy Order arising out of the breakdown of the marriage. Such proceedings can be lengthy, time consuming, distressing and costly and so should be a last resort. Therefore the financial proceedings will only be recommended if other means of agreeing the finances have been exhausted without success. Before either party makes an application to the Court for a Financial Remedy Order the pre proceedings protocol requires that first they will consider alternative means of resolving their dispute. Therefore the parties are expected to co-operate in a Mediation Information and Assessment Meeting to explore with the Mediator and each other whether Mediation can help to reach a resolution.
In order to obtain further advice and assistance and/or to make an appointment please contact Tonia Hornby.