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01432 278179

01432 278179

  • Home
  • Individuals and families
    • Relationships and children
      • Relationships
      • Divorce
      • Dissolution of Civil Partnerships and Same Sex Marriages
      • Relationship Agreements
      • Domestic Abuse
      • Financial provisions on divorce or dissolution
      • You and your children
      • Child Living Arrangements
      • Child Maintenance Responsibilities
      • Related offers
    • Employment advice for you
      • Our employment advice services
      • Employment Advice Overview
      • Employment Tribunals
      • Settlement Agreements
      • Early Conciliation
    • Resolving personal disputes
      • Our services for personal dispute resolution
      • Boundary Disputes
      • Alternative Dispute Resolution
      • Personal Debt Recovery
      • Professional Negligence
    • Criminal Defence
      • Our criminal defence services
      • Crown Court
      • Magistrates Court
      • Police Station Representation
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    • Legal Costs
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      • Company & Commercial Overview
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      • Commercial Contracts
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      • Transfers, acquisitions and disposals
      • Joint venture
      • Corporate Crime
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      • Dispute Resolution and Debt Recovery
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      • Debt Recovery and Late Payment Demands
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Financial provisions on divorce or dissolution

Financial court orders and court proceedings can be complex. It is advisable to speak to a lawyer about the process and the personal implications for you and your family.

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On the granting of a divorce or dissolution, it’s important to discuss financial arrangements and how you will split the assets

It is best to try and come to an agreement between the parties when separating finances and assets. Mediation can assist parties with this process.

Once both parties reach an agreement a lawyer can draft a court order to complete the process formally.

If parties cannot reach an agreement then it may be necessary for one party to apply to the court for a Financial Remedy. The court will then control the process, including ordering the parties to exchange financial information.

How we can help

Attending Mediation

In order to make an application to the court, the applicant will have had to have attended a Mediation Information and Assessment Meeting (MIAM). This is where discussions occur around the possibility of mediation. If the matter is not suitable for mediation then the mediator will provide a form allowing a court application to be made.

Going to Court

The court can order the transfer of property and also order a sale.  It can also deal with the division of sale proceeds. The court can also order payments between the parties including lump sums and/or maintenance. Orders can also be made in relation to the spouse or partner’s pensions.

The court will seek to achieve a ‘clean break’ for both parties if possible, to prevent the parties being financially reliant on each other after divorce or dissolution.

Factors the court may consider

Welfare of children

The welfare of any child under the age of 18. If the assets are limited, then the court will look to suitably house and care for the children first.

Income and financial resources

The court will also consider the income and earning capacity, property and other financial resources which each party has or is likely to have in the near future. This includes whether it would be reasonable to expect either party to try and increase their income by increasing their hours of employment or looking for a higher income.

Financial needs

The court will consider each party’s reasonable financial needs, their obligations and responsibilities, including dependents, debts and reasonable outgoings which each party has or will have in the near future.

Standard of living

The court will look at the standard of living enjoyed by the parties during the marriage or civil partnership. It is usually not possible for the parties with limited resources to enjoy the same standard of living, but with higher asset cases, this may be more of a factor.

Ages of the parties and length of partnership

The court considers the ages of each party and duration of the marriage or partnership, including any pre-marriage or partnership cohabitation. This can provide information as to a party’s earning potential before retirement, how long a party was financially dependent on another for example. The court can use this information in determining maintenance and whether there are assets that pre-date the relationship.

Disabilities

The court considers any disabilities of the parties. This is likely to have an effect on resources, needs and possible earning potential.

Contributions to the relationship

The court considers contributions which a party has made through the marriage or civil partnership. For example, if one party has sacrificed a career to look after children.

Conduct

The court will consider the conduct of each of the parties. With relation to the finances, the court will take into account any financial misconduct by either party. For example, not disclosing financial information.

Value of entitlement

Value to each of any benefit which either party would lose entitlement to – for example, a pension.

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