One of the most important elements of a divorce is the financial settlement. When parties split up there are lots of financial decisions to make.  For example , whether to sell the family home, how to divide savings and pensions, and whether one of them should pay maintenance to the other. Reaching an agreement on a financial settlement can be one of the hardest parts of a separation or divorce since the terms of this agreement will define to a great extent the parties living standards after the separation.

MBS Family Law can help guide you to a settlement.  This can be done through of court negotiations, advising you alongside mediation or supporting you during the collaborative process.  Where an agreement cannot be reached, MBS Family Law will help you engage with the Court to ensure your case is presented in the best possible way to achieve the best outcome.  The law surrounding financial matters is based upon the exercise of a judge's discretion, taking into account a number of factors prescribed by legislation and case law. Melanie is able to ascertain how a judge may exercise their discretion using these factors in your individual case, allowing for constructive negotiations to take place. These factors include the length of the marriage, the age of both parties, the earnings or earning potential of both parties, and the welfare of the children, among many others.

MBS Family Law can help with:

• Maintenance payments on an interim basis pending the conclusion of the financial matters

• Financial disclosure whether on a voluntary or formal court proceedings basis

• Child and spousal maintenance

• Pensions and pension sharing

• Dealing with the family home, other properties, the family business, shares and other assets whether in joint names or in sole names

• Other financial provisions arising from the breakdown of a marriage

• Inheritance claims

Asset Protection and Document Disclosure

MBS Family Law can provide comprehensive advice and solutions on asset protection. Melanie works to ensure that full and frank financial disclosure is made and that assets are not sold or transferred to others by the other party. This may involve obtaining freezing injunctions, attacking trusts or tracing hidden assets.