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Please Note: W. Davies Solicitors have now closed their Family Department.

No new appointments are being made.

Family

Matrimonial Finances

At W Davies Solicitors, we are able to help you resolve the matrimonial financial issues that arise when a marriage/civil partnership breaks down.

When dealing with the matrimonial finances it is more crucial than ever to obtain specialist advice tailored to your circumstances. Whilst information is freely available on the internet, or you may have a friend or family member who has been through the process, the outcome that they achieved may not be the outcome that is appropriate for you.

At W Davies, we can assist you in negotiating a settlement with your spouse and prepare a Consent Order reflecting that agreement to be approved by the Court. This will then be binding and protect your position going forward. Even if you have already reached an agreement with your spouse, we can assist you in incorporating that agreement into a Consent Order, again to be approved by the Court.

Mediation

Alternatively, we can refer you to mediation which is an alternative form of dispute resolution. The parties meet with a neutral Mediator to discuss the issues between them. The role of the Mediator is to provide guidance to help the parties reach a settlement. The Mediator is not there to provide legal advice and so the parties should ensure that they receive concurrent legal advice from a Solicitor. Mediation usually takes places through a series of meetings. Once an agreement is reached, this is set out in a Memorandum of Understanding by the Mediator. This can then be incorporated into a Consent Order by a Solicitor, to be approved by the Court.

If you cannot negotiate a settlement regarding the matrimonial finances, or reach an agreement through mediation, you can apply to the Court to decide matters for you. The Court has a wide discretion as to what Orders it can make, taking all the circumstances of the case into account and what are known as the Section 25 factors, which include, but are not limited to, the length of the marriage, earning capacity, contribution and needs. The Court will consider, in particular, the welfare of any children.

 

At W Davies we will advise you regarding the most appropriate way of resolving your matter. Initially, we will attempt to resolve any issues through negotiations or by referring you for mediation. Only if all other means of resolution have been exhausted, will we advise you to issue proceedings. We will then guide you through the Court process.

For further information or to arrange a FREE INITIAL CONSULTATION with a Family Solicitor in Woking please contact June Reid at jmr@wdavies.com, or telephone 01483 744900.