Divorce Petition/Decree Nisi
This is a straightforward administrative process that begins the divorce.
It’s a simple matter to file these forms with the court. You can do this yourself with our guidance or it can be done by low level solicitors.
Devise your game plan:
Whether you’re the one filing for divorce or you have received a divorce petition, you’re probably feeling overwhelmed. You’ll need to devise a game plan. If you act quickly and strategically you can increase the chances of a fair and fast resolution.
We’ll help you come up with the best strategy to resolve matters at this early stage, or at the very least ensure a fair outcome as quickly and for as little cost as possible. As well as the areas described below, from now on, we’ll act as a sounding board and project manage your divorce, to take as much stress off your shoulders as possible. This will allow you to make critical decisions with a clear head.
Choose your legal team:
The right legal team is imperative for a successful outcome but there are good and bad players in the profession and it’s often hard to know who to trust. The legal profession as a whole is something of a members’ club, one that’s not always welcoming to outsiders.
We’ll help you find the right solicitor and a barrister who is smart, completely believes in you and is prepared to fight to the end. We’ll steer clear of actions that lead to unnecessary costs, take on the work we are best equipped to do and keep a tight rein on the instructions the solicitors and barristers are provided. We’ll avoid the endless costly letter exchanges that often end up doing more harm than good and can provide cross examination material for the other side.
Both parties will be required to undertake a full financial disclosure of all assets and liabilities and provide living budgets for themselves and their children. Both also need to provide a summary of their financial position before and during the marriage, including any historic documentation required.
Financials are a clear strength of ours, and we take a hands-on role in leading this work, ensuring it is completed quickly and efficiently with full, frank and transparent disclosure. We explain this requirement fully here (link to financial disclosure section), including how to ensure everyone discloses correctly, overcoming difficult disclosure issues like complex trust structures, taxes and the possibility one party is attempting to hide assets.
During the early stages of the court process, interim maintenance needs to be agreed. This is to ensure that each party has the necessary funding to live, look after children and pay legal costs prior to final settlement.
First, we work to get an agreement between the parties and avoid a costly court battle. Using our accounting and finance skills we calculate the financing requirements for each party and then mediate interim financing. If a court process is required, we will gather the appropriate and compelling supporting evidence you need at this stage to prove your interim needs.
The FDR is a requirement set by court and the last formal opportunity for a financial resolution before trial. Here, offers between respective parties are made before a judge. A judge cannot make a final ruling at the FDR, but they will give you an indication of how the final hearing judge might rule. With this indication you can make an informed offer. This stage is where the vast majority of divorces settle without the need for a final hearing.
We’ll put our skills and experience as negotiators to work on your behalf, going through both parties’ financial disclosure and budgets and recommending offers you can table to see if we can achieve a settlement. We’ll present the appropriate and compelling supporting evidence you need at this stage to prove your offer is fair and reasonable.
Prepare for trial:
We’re now preparing for the final trial where the sitting judge will decide on the fair and reasonable financial split. This is the time to make an open offer, present your arguments and finalise witness statements including yours; gather expert and any other evidence, financial or otherwise, to support your view of a fair financial split.
Our entrepreneurial instincts and business acumen will identify your sound and honest justifications and present the evidence to support them. Summarising your argument and the cross examination of the other party is the barrister’s job. We continue to voice our views but at the same time we concentrate on the evidence.
Our main job at this stage is to ensure all evidence required is fully researched, analysed and documented including the financial analysis. This is where our entrepreneurial, commercial experience and technical backgrounds really come to the fore. We are analytical and used to thinking outside the box, which means you will have the right evidence to support your case.
The end result? A rock-solid argument with all supporting evidence laid out logically and transparently.
This is where you will be cross-examined, and your barrister will argue on your behalf in front of the judge and cross examine your ex-partner. Being cross-examined is stressful and emotionally very difficult. You’ll need to be prepared, both factually and mentally, if you’re going to perform at your best and convince the judge of your position.
This is where the rubber hits the road. We’ll help you prepare thoroughly for cross examination with appropriate analysis and review. Mental strength comes from being fully prepared and confident in what you need to say. We’ll get you there.
This is a straightforward administrative process that officially ends the marriage.
It is a simple matter to undertake the necessary paperwork to file these forms with the court. This can be done by yourself with our guidance or by low level solicitors.