Financial and Property Disputes
Money’s too tight to mention: Financial and Property Disputes
Married couples, couples who have cohabited, and couples in civil partnerships all acquire property rights during their relationship.
How will you be able to cope financially on separation? Will you be able to stay in your home? How will the children be financially provided for? These are just some examples of the questions which you will inevitable want to know the answer to. Dividing your family home and personal possessions, assets and everything that you have worked so hard for during that relationship is incredibly difficult. It can be a daunting process. When a relationship breaks down it becomes very important to achieve the right outcome for you and your family.
If you have reached an agreement between you through mediation or between yourselves, we can give you advice in relation to that agreement. Our family team have considerable experience in dealing with court proceedings for the distribution of family finances. Whether we are helping to obtain an order for maintenance, a lump sum order, or orders concerning pensions, the business or a home we can advise you. We are experienced in financial negotiations if you would prefer to resolve matters without going to court.
In certain cases the court also has the power to make a number of other orders such as freezing assets and orders compelling companies to disclose information.
There are a number of different factors that a court will take into account in deciding how to deal with financial matters:-
- the income, earning capacity and other financial resources which each of the parties to the marriage have 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 a 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 prior to 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 have 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, the value to each of the parties to the marriage of any benefit which by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring
The court is unlikely to make orders for child maintenance as this is usually dealt with by the Child Support Agency. There are some occasions when Child Maintenance Orders can be made and we will advise you in those circumstances.
If you need advice concerning financial matters, please contact a member of our specialist family law team.