What you can Expect from Us
We are serious about fighting for justice and have over 20 years experience in the legal profession.
We pre-vet your case free of charge within 2 hours whenever possible and without obligation.
If you have a good case we quickly pass it to a senior barrister who will consider it for no win no fee. A small administrative fee is only payable when we seek a barrister's opinion. If the barrister agrees, he will take on the case on a no win no fee basis.
We can also insure you against paying your opponent's legal costs. Our Panel barristers and solicitors don't just run cases - they win cases and it is they and not you who take the risk.
We specialise in fighting appeals against Court Orders following divorce. These are known as 'Financial Remedies Orders'. Often the division of assets can appear unfair, possibly a property valuation unacceptable to you or a pension not properly accounted for. If it feels grossly unfair, speak to us first, and without obligation. This is your future we are talking about. We can help you get through it - on the best possible terms.
How do I appeal a Financial Remedies Order?
The Order will generally be made by a District Judge in the Family Court. You will have 21 days within which to appeal. The Application for permission to Appeal can initially be made to the judge who heard the case. Generally they will refuse but within that 21 day period, you must apply to a circuit judge to appeal. You file your notice of Appeal together with your Grounds of Appeal. The single judge will consider your Application on paper but if refused you will then normally be allowed an oral hearing at which you can appear, and seek to persuade the judge to give your permission.
On what grounds can you appeal?
This is not a precise science but the best guide is contained within Section 25 of the Matrimonial Causes Act 1973. The judge needed to take into account each of those factors eg the age and health, the financial needs, earning capacity etc. One is looking for an error in law such as a procedural issue or some miscalculation. But remember, it is also possible to apply to have an Order set aside if the other party has materially misled the Court (as can often happen!)
What can help you get the best result?
There are a number of tactics. Firstly ensure you read and consider your opponent's documents very carefully. Credit card statements are often extremely helpful to you. You are allowed to serve questionnaires based upon any witness statement or Form E you have received. Use these processes. They put pressure on the other party. Also ensure everything is taken into account - pensions, inheritance, overtime and bonuses, rental income etc. Everything needs to be taken into account.
Try to avoid creating loans that do not actually need repaying (generally from a family member.) The Court has heard it all before and they will not be taken in by arrangements that sound contrived. Lastly avoid backbiting if possible, as again the Court tires of it. Concentrate on a fair division of the 'cake.'