When a couple separates, the focus is often on resolving issues directly between the two individuals. However, there are many instances where a third party may have a legitimate interest in the outcome and may need to intervene into the proceedings. These individuals or entities are known as ‘intervenors’. Intervening in family proceedings means to be formally joined as a third party to the proceedings, but the advice may often be needed much earlier. If you find yourself involved in family proceedings or dispute, you may need advice to protect your position.
Our family law team has extensive experience supporting third parties, known as intervenors, who have a potential interest in both financial and children family proceedings in the family court. We regularly act for individuals, companies and business partners whose interests may be at stake during a divorce or separation of a third party.
References to divorce also apply to dissolution of a civil partnership unless otherwise stated.
When a couple divorces they go through the process of disclosing their assets in order to ascertain who keeps what. This will include assets in their sole names, joint names with each other and joint names with other people. This means the asset pool can include properties, businesses, bank accounts and other assets that a third party has an interest in. The court has the power to make orders in relation to those assets for example to sell a property or for one party to transfer shares in a company to the other.
If you have a third party interest in assets subject to financial remedy proceedings you may need to protect your interest. If you have been unable to do so by agreement, the next step is to consider intervening in the proceedings. One, or both, of the parties will want to keep the asset pool as large as possible and could therefore defend your claim. If that happens, contested proceedings may be required to resolve the dispute.
An intervenor may have a claim if they can show that they have:
It isn’t always necessary to have a legal interest recording your ownership in an asset. If you have a beneficial interest that was not legally recorded, it is possible to intervene and claim for an equitable remedy.
Most private children law proceedings involve parents or legal guardians but there are situations where a third party might wish to intervene to protect the child’s welfare. This can include grandparents, wider relatives or other adults with a close connection to the child.
Who might want to intervene and why?
A third party might seek to intervene if, for example, they are seeking regular contact with the child, they believe the child’s welfare is at risk, or would like the child to live with them.
You typically need to apply for the court’s permission to do so first, unless you already have parental responsibility which third parties often don’t have. When considering such an application, the court will take into account:
We can advise prospective intervenors or main party individuals throughout the process, from assessing the strength of the application to preparing statements and representing you in court. We appreciate how sensitive these situations can be and aim to provide practical, child-focused advice every step of the way.
Many intervenor claims involve complex business structures or jointly owned assets. Our family law team works closely with our commercial litigation and corporate colleagues to:
- Assess whether a third party has a valid claim.
- Advise on the evidence required to support an application to intervene.
- Advise main parties on whether to admit or defend third party claims.
- Prepare robust evidence and submit the necessary court documents.
- Negotiate and resolve disputes outside of court where possible.
- Represent client’s interests in negotiations and, where necessary, at hearings involving contested claims.
If your friend, family member or business partner is going through a divorce, it is important that you state your interest in the relevant assets as soon as possible. You should not rely on the asset having been acquired prior to the marriage or assume certain assets are non-matrimonial. If you think you might have an interest, take advice and make it known as early in the proceedings as possible.
Whether you are a business owner, concerned family member or company facing involvement in family proceedings, reach out to our family team for a confidential chat about your options.
We offer confidential, practical advice and can coordinate with our commercial litigation and corporate teams to ensure your interests are fully protected.
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