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.