Emergency Children and Financial Remedies
We are often called upon to make emergency applications in relation to children or financial issues upon divorce and separation.
In relation to children, this can include:
- Prohibited steps applications – for example, to prevent the removal of a child from the country or to prevent the other parent from taking a particular step
- Hague Convention applications – to obtain the return of an abducted child, and
- Wardship applications – to protect a child.
In relation to financial issues, we frequently assist with:
- Maintenance pending suite or interim maintenance applications- to seek urgent financial support from the other party (this can include support for legal fees)
- Applications to set aside under section 37 Matrimonial Causes Act 1973 – where one party has sought to put an asset beyond the reach of the other party, and
- Freezing applications – to preserve assets where there is a danger they may be dissipated.
Where an emergency application is required, we often enlist the support of a specialist children barrister or a specialist financial barrister to assist with representation in court.
Reducing conflict and trauma through non-court approaches
In matters involving domestic abuse, we understand that resolving matters through the courts can feel very daunting, both in terms of the length of time the process can take, and also the potential re-traumatising effects of facing each other in court.
As well as providing robust support for our clients in court as needed, we are also leaders in non-court dispute resolution methodologies, including hybrid-mediation, arbitration and private financial dispute resolution (Private FDRs). Non-court approaches to resolving matters can often reduce conflict, cost and contact in cases, as well as speed up the process of reaching a resolution.
Although this approach is not suitable for all cases involving domestic abuse, we support all clients in exploring the right option for their individual circumstances.
You can read more about this approach on our blog and in Edward’s collaborative article in the Financial Remedies Journal.
If you are looking to consider the best options for you in cases where domestic abuse is a factor, please do not hesitate to contact our friendly team. We have discreet offices in Chilgrove, Brighton and Farnham, and, by appointment, in Petersfield and Chichester.
