Negotiating a settlement and avoiding final hearing costs

Divorce & Matrimonial Finance

29 November 2023

Louisa acted for a client in financial remedy proceedings following a long marriage. There were three children, the youngest of whom was 16. The matrimonial assets (2 properties, pensions and other savings) derived largely from damages received by Louisa’s client following childhood accident. Additionally, there were factual issues about whether the other party was now cohabiting. The disputes therefore centred on whether the alleged cohabitation should have a bearing on the division of capital, and how to divide the assets given their source.

After a Financial Dispute Resolution hearing the parties agreed to obtain some additional information about the tax implications of various options. A round table meeting was then arranged and a settlement successfully negotiated that meant Louisa’s client retained the lion’s share of the assets.

Louisa is always determined to get the best outcome for her client, but she also aims to ensure that outcomes are fair for both parties. In this case, her pragmatic approach to negotiations enabled the listed final hearing to be avoided, saving both parties significant costs.

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