Getting the best result for clients in divorce finance cases is not about choosing negotiation OR court proceedings.
It can be about using both to force clear and comprehensive disclosure of finances, on a timetable set by the court, at the same time as negotiating for the best deal on a settlement.
In a recent case, we acted for a wife where the husband refused point blank to cooperate in any financial disclosure, insisting that she should negotiate directly with him based on an excel spreadsheet he produced without documentation.
The wife had no prior knowledge of the family finances which the husband had controlled throughout the relationship. He had even persuaded her to pay 1/2 of all the domestic outgoings from her modest teacher’s salary, so she was mortified when she discovered, after disclosure was forced through court proceedings, that the husband had £700,000 income in the previous financial year.
In spite of this attempt to pull the wool over the eyes of our client, once the court proceedings had revealed the extent and nature of the finances, the husband conceded that he had to agree to a fair deal, in a Consent Order submitted to court on paper without further litigation.
And court proceedings can be short-circuited at any time on the basis of a reasonable consent order submitted by both parties.
The vast majority of divorce finance applications to court never reach trial because they are settled by agreement. And we have an excellent track record of getting great results for our clients even where one party is totally uncooperative or unreasonable.
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