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Divorce Financial Settlements

Who will receive what in a divorce financial settlement?

• If you divorce or separate what will you receive.
• What if your spouse leaves and you can’t afford to pay the mortgage.
• What maintenance will you receive.
• Can you stay in the home if not where will you live.
• Will you get a lump sum.
• Will you get a share of your spouses pension.

These are just some of the questions you will be asking yourself if you are about to separate or divorce. We have the experience of giving accurate direct advice to deal with the interim and long term problems facing you.

The Legal Position

The court considers all the cicumstances of the case but will give first consideration to the welfare of any children of the family under the age of eighteen.In addition the court will have regard to the following;

• The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the Court be reasonable to expect a party to the marriage to take steps to acquire.
• The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
• The standard of living enjoyed by the family before the breakdown of the marriage.
• The age of each party to the marriage and the duration of the marriage.
• Any physical or mental disability of either of the parties to the marriage.
• The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family.
• The conduct of each of the parties, if that conduct is such that it would in the opinion of the Court be inequitable to disregard it.
• In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution of annulment of the marriage, that party will lose the chance of acquiring (e.g. loss of pension benefits).
• Whether it is possible and reasonable to achieve a clean break between the parties.
• In summary, the Court has the following powers, transfer of property between the parties, putting property into trust, Order for the sale of property, lump sum Orders transferring money, maintenance Orders for a spouse whether indefinite or lasting for a stated period and pension Orders known as pension attachment orders and pension sharing orders. The Court also has limited powers to order maintenance for children (see maintenance/child support).

The court will total all the assets of the marriage and will start at the position of dividing them on an equal basis.It is then for the parties to show to the court why the court should give more to one party than the other taking into account the above principles.

How Do We Achieve An Agreement?

We have the expertise and experience to assess the facts and provide solutions to your problems. Tim Giles has experience of dealing with big money cases and conversely cases with little assets providing innotive ways of achieving results to the clients satisfaction.He has the ability to deal personably with the full spectrum of the social ladder and place all of his clients at ease.

The first stage is to exchange financial information with the other side.Many cases are resolved at this point.Each stage of the proceedings are assessed to see if the matter can be resolved.He is concious of the costs of the case increasing.He will inform you of the costs at all stages. If an application has to be issued the costs will come out of your share of the assets,unless the other party fails to engage in the process.

We wish to inform you that we deal with the matter in a constructive and non confrontational manner.Please may we assure you we will be firm and decisive in negotiations and will protect your interests at all times.

How Long Will It Take?

From the date of issue of any court proceedings to the date of the final court hearing will be approximately twelve months.Please note however,there is an intermediate court hearing where we would say 95% of matters are settled.

How Much Will It Cost?

We believe the first interview is the important one for the client.You can assess the way we achieve a rapport with you and whether you feel confident in our approach to try and resolve your problems. It is for this reason we offer an initial one hour of advice for a nominal fee.

Need Specialist Family Law Solicitors?

Tim Giles at Pearson Rowe is our resident Family Law expert, so please do contact him now either by calling him now on 0121 236 7388 or by completing an Online Enquiry Form.