Family Law Solicitors In Essex

Family Financial Settlement Lawyers

Kayson Solicitors
4.9
Based on 68 reviews
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Sam ListerSam Lister
15:43 31 May 24
I cannot express my gratitude enough for the exceptional legal support I received from Kayson and the entire team.
Tim JanjoTim Janjo
13:53 24 May 24
Kayson solicitors have been very professional, and very responsive to needs of my case.A special appreciation I would pay to Ms K. Patel , who has been exceptional throughout the process in dealing with my case.
Sam HeadonSam Headon
08:20 20 May 24
Highly recommend Kayson Solicitors for their family services. They represented me and were a great source of guidance, really helped me obtain the divorce and financial settlement!
taskin huseyintaskin huseyin
10:52 15 May 24
Highly recommend Kayson solicitors who offered the best professional service through my divorce and settlement procedure.
A Google User
A Google User
15:07 10 May 24
Thank you Kayson solicitors. Great firm. i had instructed them to help in a child maintenance payment issue which they dealt with very swiftly. i had a very good experience with them.
Kim LarssonKim Larsson
15:07 10 May 24
Thank you Kayson solicitors. Great firm. i had instructed them to help in a child maintenance payment issue which they dealt with very swiftly. i had a very good experience with them.
Amanda SmithAmanda Smith
10:48 08 May 24
kayson solicitors were appointed to resolve a family matter. my case was handled with compassion and professionalism. thanks to my solicitor in particular, we manage to finalise the matter with relative ease and get the issue resolved in my favour. The best firm in Essex, I highly recommend them.
Adam JosephAdam Joseph
17:24 02 May 24
Kayson Solicitors handled a complex business dispute for me which required very delicate handling. Kam and her team were very professional and great communicators and guided us through negotiating a deal which was fair, even though the other party and their litigators were aggressive and confrontational, i highly recommend them.
kathleen leduckathleen leduc
09:39 26 Apr 24
Kayson solicitors were appointed to resolve a family matter. My case was handled with compassion and professionalism. Thanks to my solicitor in particular, we managed to finalise my matter with relative ease and get the issues resolved in my favour. if the need should arise they would be top of my list. Excellence!
Anduena Topulli SulaAnduena Topulli Sula
20:57 21 Feb 24
I will not stop recommending Keyson Solicitor to everyone I know. Not only for the professional skills but most of all for the human and kindness I’ve been treated during my personal dispute with ex husband. Thanks a lot.
Arta GogaArta Goga
20:46 17 Feb 24
5 stelle è qualcosa comeThanks for you help during this hard time struggles. Knowing that I was not alone and can rely on professional to take care of family legal dispute, hade an positive impact on my daily life,Thank Kayson Solicitor
Bianca PopescuBianca Popescu
13:32 17 Feb 24
I couldn’t recommend more Kayson solicitors! The best solicitors around! Great and amazing service and quality!
Lindy looLindy loo
20:06 16 Feb 24
My mother has been so stressed with her divorce. However, Kam our solicitor, helped us through and was just amazing! Nothing was ever to much trouble! It’s now over and with good results thanks to Kam!!!!Would definitely recommend!!!Thank you!
Danielle WindsorDanielle Windsor
09:58 12 Feb 24
Kam Patel at Kaysons helped me as much as they possibly could with a housing and family matter.I was kept in the loop of all proceedings and things were made clear to me .Unfortunately it’s still on going with a barrister as a very complex matter.
Sibel OsmanSibel Osman
16:43 17 Aug 23
I cannot recommend Kayson Solicitors enough. From start to finish, Kam and Lucy were professional, knowledgeable and compassionate. Getting divorced is an emotional process and it was enormously helpful that I had a team behind me that were focused and organised. They reassured and advised me every step of the way so I never felt like I was making life changing decisions alone. I would highly recommend to anyone needing a solicitor. 10 out of 10. I now have the life I desperately needed. Thanks again ladies.
Danielle HardwickDanielle Hardwick
15:37 13 Jul 23
I could not recommend Kayson Solicitors enough for the amazing help and support throughout my divorce and financial matters. Both Kam and Lucy were incredibly knowledgable and really held my hand throughout the whole process. I put my 100% trust in them and they really delivered. They really took the pressure off me in such difficult times. Will definitely be returning for any future legal matters!!!!!!!!!!!!
Delroy SimpsonDelroy Simpson
13:07 30 Oct 22
I had cause for Kam Patel of Kayson Solicitors to represent me in a private matter. I was left throughly impressed with their professionalism. A special mention for Lucy Cornish.I would not hesitate in recommending there services.
Bethan GreatorexBethan Greatorex
11:00 08 Feb 22
We just used Kayson for our recent house sale and would highly recommend them. A very professional, hard working and friendly team - which hasn't always been our experience with solicitors! They took the time to make sure we were informed and understood each part of the process and always responded quickly to any questions we had. Would definitely choose to work with them again.
Samanthalee ChamierSamanthalee Chamier
06:43 17 Sep 21
Kam and Lucy are exceptional! They are professional, yet caring and really take the time to listen, understand and reassure. They were honest with me throughout my case, so I was prepared for all scenarios but thankfully it concluded well and I got to immigrate with my children. I highly recommend them.
I instructed Kayson Solicitors to help me with sale of my property last year. It was a very complicated matter since I had joint mortgage with an ex partner on my property. They took a pro-active approach and handled the matter professionally. Their client-friendly approach helps you to fully understand the process and puts you at ease. The matter was resolved in a timely manner without any delays in the process. I highly recommend Kayson Solicitors! Big thanks to Kam and her team!
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What is a financial settlement?

Once the divorce proceedings have commenced, the next thing you need to deal with is the finances. A financial settlement is a legally binding document that outlines what the couple have agreed on such as, child maintenance, spousal maintenance and division of property.

 

What orders can the court make?

It can be a little confusing and misleading when people talk about a Financial Order. The truth is, there are in fact, lots of different types of Financial Orders available.

What order you should apply for all depends on your individual circumstances.

Financial orders include:

  • Consent order – details what your assets and debts are and how they should be divided. Many divorcing couples can reach these decisions amicably between themselves and therefore, there is no need to negotiate through a mediator, family solicitor or the court. Once the parties have reached an agreement, one of the parties may need to instruct a solicitor who will need to prepare the consent order and lodge it at court.

However, where a couple is not able to reach a decision, an application will need to be made to the court and the Judge will decide on your behalf.  Before the court grants a consent order, the Judge must be satisfied that the consent order is fair and reasonable to both parties and include a “clean break” clause. Without the “clean break” clauses your ex-spouse can return at any point in the future and demand further money.

  • Maintenance pending suit – this order will place an obligation on one spouse to make periodical payments to the other until the divorce is finalised or a further order is made. In some cases, it can also include legal costs to enable a spouse to pay their legal costs.
  • Periodical payments (maintenance order) – this order will require one party to make a regular payment (usually monthly or weekly) to the other spouse.
  • Secured periodical payments – an order requiring one party to make regular payments which are secured against property or assets to ensure payment. This order is rarely used but will be considered in exceptional circumstances.
  • Lump sum order – an order for payment of a single sum. The court has the power to make an order for the payment of a capital sum or the transfer of property. The court can also order this sum to be paid in instalments.
  • Property orders – several orders redistributing interests in property (usually the marital home). These include an order to transfer the property from one party to the other and the sale of the property which, if ordered, would detail how the sale proceeds are to be divided.
  • Pension sharing orders – the court can order a pension sharing, which allows for one party to get a percentage of the other party’s pension.
  • Variation of settlement order – gives the court the power to vary settlements or trusts that have been set up in favour of one party however, this order is rare.

 

How does the court decide on a financial settlement?

There is no hard or fast rule. However, the court will consider the children needs first so as to ensure secure accommodation.

Please see below specific factors that that the court must by law consider:

  • The income, earning capacity, property and other financial resources of each party including what each person is expected to have in the future e.g. inheritance and pensions.
  • The financial needs and responsibilities of each party.
  • The standard of living enjoyed by the family before the relationship broke down.
  • The age of each party and the length of the marriage/civil partnership.
  • Any disabilities that each party may have.
  • Contributions made by each party to the well-being of the family including contributions to be made in the future.
  • The conduct of each party however, only if that conduct is extreme.
  • The value of any benefit to each party that they will lose as a result of divorce e.g. pension rights.

 

How will the court consider division of the home?

The matrimonial property is given special consideration.

Mesher Order

If there are children, the court will need to consider whether or not it is reasonable and financially possible for one of the parties with the children to remain in the matrimonial home.  A Mesher Order allows the parties to defer the sale of the family home for a certain length of time or until a specific event takes place such as when the kids leave school or the party remaining in the home remarries.

Martin Order

If there are no children, and one party wants to postpone the sale of the property and continue living in the family home, they would need to apply for Martin Order.

 

When can I apply for orders?

Financial order – you can apply for a financial order any time after filing the Divorce Petition however, the court cannot make financial orders until the Decree Nisi has been pronounced.

Maintenance pending suit – a spouse can make an application for interim financial maintenance known as a “maintenance pending suit”. This is interim financial support between separation and the divorce being finalised.

Periodical payments – this is an order requiring either the husband/wife to make regular payments to the other spouse and are only payable after the marriage is finally dissolved.

 

Can I re-apply for orders?

If there has been a change of circumstances, either party can re-apply to the court to vary maintenance payments at any time before the order ends. Capital orders such as lump sum or property orders however, are usually final, meaning that neither party can re-apply to the court to vary the capital division at any time.

 

What if I remarry?

If you were to remarry, this will prohibit you from making a claim against your ex-spouse if you have not already initiated a claim before remarriage. Your remarriage will also end any entitlement to maintenance payments from your former spouse that was previously ordered.

 

What is the court procedure?

If an agreement can be reached between the two parties, a consent order will be drafted and lodged with the court to turn your financial settlement order into a legally binding document.

If an agreement cannot be reached outside of the court arena, one party will have to make an application to the court.

 

How to apply to the court for a financial settlement order

Step 1 – Application

We will prepare an application to be lodged with the court which will begin the process for you.

After submission, the court will list a hearing date for twelve to sixteen weeks ahead known as the First Directions Appointment (FDA).

At least 35 days before the FDA, both parties will need to prepare a financial statement, otherwise known as Form E and exchange their forms. Each party must disclose all finances. Following exchange of Form Es, each party will get the chance to question information that the other party has disclosed.

14 days before the FDA, both parties must prepare a brief and concise statement of issues, a chronology and a questionnaire which details any further questions they wish to ask or any further documentation required of the other party.

For each hearing both parties must also prepare an estimate of their legal costs to that stage.

Step 2 – The First Directions Appointment (FDA)

The court will give directions as to what questions need to be answered and whether any documentary evidence needs to be filed.

The court will also list the next hearing date for Financial Dispute Resolution Appointment (FDR)

Step 3 – Financial Dispute Resolution Appointment (FDR)

This hearing is intended to define each parties’ issues and encourage both parties to reach an agreement. If an agreement is reached then the court can make an order, thus concluding matters.

However, if an agreement cannot be reached then the Judge will give further directions and the matter fixed for a Final Hearing normally a few months ahead.

Step 4 – The Final Hearing

If an agreement has not been reached by this point then both parties must attend court to give evidence and be cross-examined by the other party’s legal representative.

 

Legal costs involved

Most often, each party is held responsible for their own costs. However, the Judge has the jurisdiction to order one party to pay the other party’s legal costs. The Judge will only make such order if it proved that one party has behaved unreasonably.

 

Child support

Parties can agree between themselves as to how much child maintenance, the parent with the children should receive. However, if this is not possible to reach an agreement, the Child Maintenance Service can calculate and collect child maintenance.