Interveners in divorce proceedings: Protecting your interest in property, farms and family businesses.
You may not be getting divorced, but that does not necessarily mean your property or money is beyond the reach of someone else’s divorce proceedings. If you claim an interest in a house, farm, business or other asset which has become relevant to a divorce settlement, you could find yourself drawn into the case as an intervener.
What is an intervener?
An intervener is an individual who is formally joined to financial remedy proceedings when their interest in an asset is in dispute.
There are numerous scenarios where a third party may intervene, such as:
- Parents who have contributed towards the purchase of the matrimonial home, and the money was a loan rather than a gift;
- A spouse who alleges that the other has an interest in property legally owned by their parents or another relative;
- Siblings/parents who jointly own land or a family farm;
- Ownership of shares or a family business is disputed;
- Trustees or beneficiaries have an interest in trust property;
- Bankruptcy or other third-party interests arise.
For instance, a divorcing husband is the registered owner of farmland worth £1 million. His parents say that, although it is registered in his name, part of the land is beneficially theirs. The wife disputes this and says the entire property belongs to the husband and should be taken into consideration in the divorce.
The parents may be joined to the divorce proceedings as interveners, so that the ownership of the land can be established.
How do I intervene?
As a third party, you must be formally joined into the court proceedings as you will not automatically become a party.
Under the Family Procedure Rules 2010 s. 9.26B, the court can direct that a third party be joined as a party to financial remedy proceedings where:
- Adding the person is desirable so that all matters can be resolved; or
- There is a connected issue between the proposed intervener and an existing party that it is desirable to resolve.
An application under this rule can be made using the part 18 procedure. Evidence must be provided, setting out the proposed intervener’s interest in the proceedings.
In addition, being invited to intervene in proceedings does not automatically join you to those proceedings. The appropriate procedural steps will need to be taken for you to be formally joined – this is something our experienced divorce solicitor can assist you with.
What evidence should I start gathering?
The evidence that is relevant will entirely depend on the individual facts of the case. An example of commonly supplied evidence includes:
- Land Registry title;
- Transfer documentation;
- Declarations of trust;
- Bank statements showing contributions;
- Loan agreements;
- Partnership/shareholders’ agreements;
- Accounts and company documents;
- Correspondence/messages about what money was intended for;
- Evidence concerning who paid for purchase, mortgage payments or improvements.
Our team will review your circumstances and identify what evidence will be required.
What happens once I am joined as an intervener to proceedings?
Once you are joined as an intervener, you will be considered a party to the proceedings and therefore will be subject to case-management orders made by the court.
In addition, you may be invited to attend certain court hearings, whilst the ownership of the asset in question continues to be disputed. Typically, these will include case management hearings where the court takes the opportunity to consider what information it requires the parties to provide to assist them in dealing with the dispute.
Throughout the proceedings, the parties will have an opportunity to negotiate matters and attempt to reach an agreement as to the ownership of the disputed asset.
Ultimately, if an agreement cannot be reached, the court can make an order which will be legally binding.
When should I speak to a solicitor about being an intervener?
We recommend you obtain legal advice at the earliest opportunity. This may be where any of the following occurs:
- Receipt of correspondence asking you to intervene.
- Learning that someone is claiming that money you provided was a gift when you say it was a loan.
- A property you own, or say you have a beneficial interest in, has been included in someone else’s divorce.
- Your interest in a farm or family business is disputed.
- You have been invited to intervene but are unsure whether you should.
- You believe an order could affect your property or financial interests.
Do I need my own solicitor?
As an intervener, you should consider obtaining legal advice at the earliest opportunity.
Your interests may not align with those of either spouse, so it is often recommended that independent advice is sought.
Here at Slee Blackwell Solicitors LLP, our team is experienced with dealing with the instruction of interveners themselves, and parties who have had interveners joined to their proceedings.
What if I don’t intervene?
If you decide not to intervene, a decision regarding your alleged interest can be made in your absence.
What about legal costs?
It is recommended that you obtain legal advice to discuss the potential cost implications before you intervene.
Costs can be a particularly important consideration for an intervener. Depending on the circumstances and outcome of the dispute, the court may make a costs order. You should therefore obtain advice about the potential costs consequences before deciding how to proceed.
How we can help you
If you have received court papers or correspondence asking you to become involved in someone else’s divorce, or your interest in a property, farm or family business is being challenged, it is important to understand your position before deciding what to do next.
- Don’t ignore correspondence or court papers.
- Take independent legal advice about your claimed interest.
- Gather documents showing how the asset was acquired and funded.
- Preserve emails, messages and financial records relating to the asset.
- Identify any trust, loan, partnership or shareholder documentation.
- Obtain advice before agreeing a position with either spouse.
Our family law team advises both interveners and spouses dealing with third-party claims in financial remedy proceedings.
