Third Party Financial Interests and Intervenor Applications

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.