Kew Law can advise you on the fairness of the agreement you have reached so that you are sure that the agreement you have discussed with your partner is in your legal interest. We can write to your spouse/partner and negotiate directly with him or his lawyers. Kew Law will always strive to conduct your business in a friendly and undisputed manner. We do not want to make things more difficult than they already are. It is hoped that if both parties are subject to legal advice and understand how the courts would look at their cases, an agreement could be reached rather than unnecessary legal costs when they take the matter to the Court of Justice. If you are considering divorce proceedings, the agreement may be included in a court order. Kew Law may write a court order and related legal documents on your behalf. This can then be sent to a district judge for court approval on the pronouncement of the Nisi decree in divorce proceedings. The court order is sent to the Court of Justice with the agreement of both parties and is often referred to as a consent decision. Approval orders can be broad, ranging from very simple orders, which provide for full and final execution, to more complex markets, which deal with a large number of marital assets.
If you have not reached an agreement with your spouse/partner, Kew Law can help you in the following way:- In certain circumstances, you and your spouse/partner will have had a discussion about the distribution of marital property and you will be satisfied with the agreement you have reached. Please note, however, that this agreement is not legally binding unless it is included in a legal document. This means that, if there is no legally binding agreement, each party could change its mind at any time in the future, even if you have already shared the wealth or spent the money. If Kew Law is unable to reach an agreement with your spouse/partner regarding the division of marital property through negotiation, we may have to apply to the Court of Justice. This is known as a subsidiary action application before the Court of Justice. An application may be made to the Court of Justice when divorce or judicial separation proceedings have been initiated. If an agreement can be reached, Kew Law can help you obtain this agreement in a legally binding order known as the previously discussed approval order. For more information on financial claims and how the courts decide to distribute marital property, click here. Mediation can be a very effective way of dealing with disputes between the parties. Kew Law can refer you to a trained mediator and advise you during the process.