Third party issues

What is an “intervener”?

Where there is a dispute about whether a third party has an interest in an asset, the Court will usually need to resolve that issue before it can make a final financial order. In many cases, one spouse supports the third party's claim while the other challenges it. The third party will often be formally added (or "joined") to the proceedings as an "intervenor" so that the court can determine the nature and extent of their interest.

Resolving the issue within the financial proceedings helps ensure that the rights of everyone involved are properly considered and reduces the risk of further disputes once a settlement has been reached.

Although this can make proceedings more complex, resolving these issues within the financial remedy proceedings can avoid further disputes later.

How third party issues affect financial settlements

The court must first decide what is in the pot of assets so that both parties are clear what is available for distribution between them in a way that is fair. If a third party brings a successful claim against some of these assets, then their interest will reduce the overall value of the assets that are available for sharing between you. Whether a third-party claim is upheld or not is often both fact-specific and evidence-driven. 

Why these cases need specialist advice

These cases often require detailed evidence, documentation and witness evidence from family members, trustees or business associates. They can have a substantial effect on the outcome of a financial settlement and often involve complex legal and procedural issues. Early specialist advice can help identify the strengths and weaknesses of a claim and assist in developing the right strategy from the outset.