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Divorce does not always involve only two people.  If there are significant business assets, third parties may well have strong interests in any financial settlement reached, resulting in disputes regarding their rights and commercial exposure.

Obtain a Fair Divorce Settlement With RVS Solicitors

RVS Solicitors are a team of smart, business savvy and experienced lawyers.  As business owners ourselves, we understand the work and sacrifice undertaken to build a successful company or property portfolio.  Any third party with interest in a divorce financial settlement requires expert legal advice to ensure their rights are recognised and protected.  

As a 100% digital office, our London-based family law Solicitors offer complete flexibility in how clients wish to deal with us, including providing video conferencing facilities.  We are also sensitive to the fact some divorce cases involving corporate entities can attract media attention; we can meet you in a discreet location and manage any questions from the press.

As members of Resolution, we follow a strict Code of Practice in family law and aim to resolve disputes through alternative dispute resolution methods such as round-table negotiation and mediation.  However, if a court order is required, we are unafraid to take on any challenge and will tenaciously advance your position.

See our client testimonials. Meet our family law team, led by Rakhi Singal. Contact us today for a conversation about your case.

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Frequently Asked Questions (FAQS)

What are some examples of third-party interest in divorce proceedings?

Third party interests in a divorce can arise in several scenarios, including:

  • A wife whose father claims he is the beneficial owner of shares in a company held in the name of his daughter.  She accepts this, but the beneficial ownership is disputed by the husband, who does not want to see his equity in the matrimonial pot diminished.
  • The husband’s parents loaned the couple a deposit to buy the matrimonial home and are now claiming a beneficial interest.  This interest is disputed by the wife, who claims the deposit was a gift. The parents wish to have the deposit repaid from the sale of the property.
  • A silent investor claims to have shares in the family business, and this is disputed by one or both parties.

What is joinder?

Joinder is the process by which a third party is tied to family law proceedings due to rights they claim to have over matrimonial property and/or assets.  Failure to recognise such rights or create joinder can lead to separate litigation over a particular matter, leading to unnecessary time and expense.

If one party supports the position of the third party, they need to ensure the third party is joined to proceedings so that any decision binds all parties involved.  However, if you are the party denying an alleged Trust exists, it is in your interests to ensure joinder occurs to avoid having the financial order challenged and subsequent litigation occurring.

How does a third party become a party in divorce financial settlement proceedings?

The most common route for a third party Claimant to become a party to proceedings is to be given permission to intervene by the parties.  This provides the advantage that no intervention will be made which will restrict the number of parties to the proceedings, and keep time and costs to a minimum.  This approach has been endorsed by the Court of Appeal in Gourisaria v Gourisaria [2010] EWCA Civ 1019.

The joinder approach is also a common option as this has the advantage of binding any third parties to the Financial Order.

Alternatively, the third party can choose to launch their own civil proceedings (usually under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), and then seek an order that the financial remedy proceedings should be stayed pending the outcome of the civil proceedings or, alternatively, that the two should be tried together.

Our family law Solicitors, led by Rakhi Singal, will advise you of the best option.

To discuss third-party applications in family law proceedings, please contact our London office on  020 3372 5125 or complete our online enquiry form to make an appointment.

Please call us on 020 3372 5125 or get an online consultation

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      What Our Clients
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      Dealing with Rakhi was more like having In house counsel than hiring a law firm
      So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.

      Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.

      She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.

      My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.

      Thank you, my new family and I will be forever grateful!!!!
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      Rakhi’s passion for her profession supersedes the norm
      On dealing with a very stressful and emotional situation involving my young child. I was personally directed to Rakhi Singal. From the very outset of my situation, Rakhi identified the immediate difficulties I faced and offered me a sympathetic and rational approach to my situation, ensuring that she had a full understanding of my issues and concerns. Rakhi’s approach to my case was monumental and customary to my needs and that of my child, which was a fundamental point for me.

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