Things You Need to Know About Financial Settlements in Court

financial planning
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A financial settlement helps you determine who gets what. The court uses the term to describe financial proceedings during a divorce process. When people get divorced, they have a claim to their former husband’s or partner’s property. This claim only happens in some countries. This process can cause trouble, especially when the partners can’t get to the point of agreement. Sometimes it becomes hard to agree on the settlement through meetings and negotiations. When you find yourself in this situation, you need to make an application to the court for a financial order. However, there are things that you should know about financial settlements in court before you can proceed to apply. They include:

1. Need for a Lawyer

Once you decide to make an application for a court order, you need first to seek the services of a lawyer. When you first meet with the lawyer, you will have to offer him details about the settlement. The lawyer may require you to present some documents. Some of the things that the lawyer wants to know are:

  • The people involved in the financial settlement
  • Information about your affair
  • Details about assets and liabilities
  • Your financial situation
  • Questions that you want the lawyer to answer concerning the agreement.

2. Loan Settlements and Mortgages

At times, the court will make an order directing both parties about financial responsibilities. The order relates to mortgages, bank account, and credit cards. Some parties are unable to meet mortgages.  If you face this challenge, consult the particular bank and create a feasible responsibility for the loan payment. 

You can also discuss your options with the people named on the mortgage about the future of the property. After, you can decide to sell or rent out the property. Experts from think that consulting a financial management firm will be helpful. The professionals will give you various options on what to do. Sometimes the firm will ask you to consider a reverse mortgage. With this option, you won’t make any loan payment as long as you are living in the home. The professionals will also give you a plan that will help manage your debts. Through this process, you will get back on a favorable financial situation.

3. Assessment of Contributions

People delay financial settlements as they wait for a business or property to add value. However, you can get disappointed once you file for a court order. Any debt accumulated during the period of separation is in the final calculation. Assessment of contribution is the step the court takes in considering the amount of contribution each party has made to the acquisition. The court also finds the efforts by each party in conserving and improving the property in concern. Also, put into consideration by court is the initial contribution or windfall by both individuals. This step also involves the assessment of non-financial contributions. 

4. Future Needs and Adjustments

Before the court can pass any final decision about the financial settlement, it will consider some factors that can affect the future of each individual. Some of these factors considered are:

  • The marriage duration. At this point, if you are married for a short time, let’s say less than a year, much is not recognized, and chances are you may end up with nothing.
  • The ability of each party to seek gainful employment. In the case where one party physically challenged and is not able to find work, the court judges in favor of them.
  • Your ability to qualify for a government benefit
  • Financial commitment to someone else
  • Children involved

5. Fair Settlement

The other thing that you need to know about financial settlements in court is that the judgment usually on fair and just terms. There is a consideration of each individual’s circumstances to achieve a fair settlement. The court also looks at the financial resources of every person, liabilities, and assets involved. After that, the court creates a balance sheet. The court can present the balance sheet to the couple for negotiation on the financial settlement. If they fail to get into an agreement, the court proceeds to make a just settlement using the documents of proof from the individuals.

The process of financial settlement can be a tough one. Sometimes the process can be prolonged with exhausting court battles. You should try and agree with your partner to avoid this difficulty. The agreement can help build a civil relationship between the two of you. If you can’t agree, then you can take the first step of applying for a court order.

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