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Amicable Financial Separation Support

Ms B sought our services following the irrevocable breakdown of her marriage. In this instance our support was required to assist Ms B through the financial side of her separation due to the joint assets between her and her husband, Mr B.

We reached out to Mr B, detailing our intention to support Ms B in financial proceedings, with the invitation to work alongside BH Support towards a financial settlement agreement at an equal cost to both parties. Mr B agreed to work with us and Ms B in order to settle their financial ties to each other through a private agreement outside of the courts, while they pursued the new no-fault divorce option themselves.

Ms and Mr B jointly owned the family home, at the time only inhabited by Ms B and the children, and the pair were equal shareholders in a business. It became apparent that Ms B wished to result in sole ownership of the property and Mr B wished to result in sole ownership of the business.

We started by collating the information required for full financial disclosure to ensure all parties were aware of the financial position and needs of the other. Once both parties had completed their disclosure with a Form E and attached relevant documentation, the information was collated and exchanged, thus allowing Ms and Mr B to progress with the next steps of their financial settlement procedure. We facilitated a negotiation between the pair which allowed both parties to speak with us in private about their desires and proposals of the other. We first worked to ascertain their ideal and the less favourable outcomes and then further looked for compromise until an agreement was mutually reached.

BH Support drafted the agreement to be signed by Ms and Mr B and once this is signed, the former couple will have settled their marital finances without incurring any court costs. If desired, Ms and Mr B now have the option to lodge this with the courts as a Consent Order which we will be able to manage for them moving forward if they wish.

Positive Social Impact:

Personal – Ms B was given a better understanding of her legal position in shifting the familial home into sole ownership. It provided Ms B with the confidence to challenge unreasonable requests and remain firm in her desired outcome but cooperative in areas that would not put her into a detrimental position. Mr B avoided unnecessary acrimony which could have affected his relationship with his children who remained with Ms B in the familial home and he was able to leave his marriage with sole directorship of his personal business and an arrangement regarding the property which did not restrict him.

Financial – We gave Ms B the opportunity to invite Mr B into our support to not only alleviate some of the costs to herself but also to avoid acrimonious negotiations between representatives. We ensured to keep in-person meetings to a minimum as requested to ensure Ms B was able to support herself and the children and Mr B could remain flexible for his business dealings.

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