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Intervenors and third party claims

Our intervenors and third party claims services

Where a couple are divorcing and dividing their finances, there are often issues in determining what their financial resources are and what those resources are worth. In some cases there will be third parties who have an interest in those assets, for example parents who provided a loan to purchase the family home.

In these situations it is often the case that one of the separating parties challenges or denies the third party’s interest and wants the whole asset to be available for division on separation. This means that the third party will have to defend their interest by intervening in the divorce proceedings. The court will then need to determine the extent of the third party’s interest in a separate procedure before it can resolve the financial claims between the spouses.

Other examples where somebody may intervene in financial remedy proceedings include:

  • The business partners (sometimes the siblings or other family members) of a person getting divorced wish to protect the business assets from that divorce by defining the extent of the divorcing spouse’s interest.
  • Where a spouse is the beneficiary of a trust but the trustees have a duty to the other beneficiaries to ensure that all entitlements are taken into account when deciding what may be available to the divorcing beneficiary.
  • Where the divorcing spouses have previously agreed to accommodate a parent or to look after them in the family home but that will not be possible following divorce, the parent may have a claim for their interest to be taken into account.

It is important in these situations that the third party intervenor receives prompt expert advice to ensure that their interests are adequately recognised and protected. We have specialist experience in dealing with this complex procedure and can guide you through it with diligence and care.

Contact our family law team

If you need legal advice about any issue relating to an intervenor claim, contact us to speak to one of our expert family law solicitors.

Call us now on 0800 422 0123 or contact us online.

Your key contacts

Rayner Grice

Partner

Birmingham
Rayner advises on the issues that arise for an individual following the breakdown of a relationship in relation to divorce/civil partnership dissolution, their financial affairs and their children.
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Adam Maguire

Partner

Birmingham
Adam specialises in divorce and family law. He advises clients regarding all aspects of private family law including cohabitation, separation, divorce and related financial issues, disputes concerning children and nuptial agreements.
View profile for Adam Maguire >

Clare Webb

Partner

Bristol
Clare has built her practice with a commitment to helping her clients resolve their issues in a constructive and conciliatory way. In doing so, she will always have regard to the longterm hopes and aspirations for the family as a whole, whilst of course protecting her client’s interest.
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Philippa Yeo

Partner

Bristol
Philippa is committed to helping couples navigate all aspects of the legal process on the breakdown of their relationship in a pragmatic, collaborative and family-focused way including supporting couples to reach arrangements for their children and achieve healthy future co-parenting relationships.
View profile for Philippa Yeo >

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