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Where a couple are divorcing and dividing their finances, there are often issues in determining what assets they hold and what they are worth. If you know someone who may have an interest (whether legal or beneficial) in those assets, as a parent or business partner for example, or you are indeed a third party yourself, you may want to bring a third party claim to protect your position. These third parties are known as “intervenors”.
In these situations, one of the separating parties often challenges or denies the third party 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 financial proceedings. The Court will then need to determine the extent of their interest, if any, as a preliminary issue, before it can resolve the financial claims between the spouses.
Financial remedy applications involving intervenors can be complicated, however, here at Ellisons we have specialist family lawyers who can assist with this procedure. We can advise either spouse or the intervenor within complex matters and if you require further information please contact Lisa Dawson, Head of the Family Team here at Ellisons.
Have a different question?
Get in touchAn intervenor is a third party – such as a parent, relative, business partner, or trustee – who joins ongoing financial remedy proceedings during a divorce to protect their own financial rights. This situation commonly arises when there is a dispute over who actually owns an asset included in the matrimonial pot, such as a family property registered in one spouse's name that was purchased with financial help from parents. By applying to formally intervene, the third party ensures their financial contribution or property ownership is officially recognised by the court before any final division of assets takes place between the separating couple.
When deciding whether a financial contribution made by a relative is a repayable loan or an outright gift, the court examines all available documentary evidence and the intentions of everyone involved at the time the money was transferred. Clear written documentation, such as a signed loan agreement, a registered charge, or records of regular repayments, provides strong evidence that a genuine debt exists. In the absence of formal paperwork, the court looks at bank transfers, written messages, and witness testimonies to assess whether there was a shared expectation of repayment, protecting genuine lenders from losing their capital.
Unlike general financial remedy proceedings where spouses usually pay their own legal fees, intervenor claims follow standard civil court principles regarding costs. The general starting point is that 'costs follow the event', meaning the unsuccessful party is usually ordered to pay the legal fees incurred by the successful party. Because taking part in an intervenor application carries financial risk for both the third party and the divorcing couple, obtaining clear, early advice from our specialist family law solicitors is crucial to evaluate the strength of the claim and negotiate a settlement before escalating court costs.
If you require advice surrounding the law on marriage, divorce, cohabitation, separation and/or children please fill out this contact form. You can also contact your lawyer individually from ‘Our People’ using the link below.
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