Financial Matters/AncillaryRelief
As a general rule the Courts consider look at a starting point of 50-50 when considering matrimonial finances, that is your house, pensions, savings, etc .
The Court takes different factors into account when considering the Orders to be made. The Court will consider all the circumstances of the case, and in particular the welfare of any children of the family under the age of 18.
The Court will also take into account the following factors (know as Section 25 factors):
(a) the income, earning capacity, property and other financial resources each spouse has or is likely to have in the near future including in the case of earnings, any increase in that which it would in the opinion of the Court be reasonable to expect a person to take steps to obtain.
(b) the financial needs, obligations and responsibilities which each spouse has or is likely to have in the near future.
(c) the standard of living enjoyed by the family before the breakdown of the marriage.
(d) the ages of each spouse and the duration of the marriage.
(e) any physical or mental disability of each spouse.
(f) the contributions which each spouse has made or is likely to make in the near future to the welfare of the family, including any contribution by looking after the home or caring for the family.
(g) the conduct of each spouse, if that conduct is such that it would in the opinion of the Court be inequitable to disregard.
(h) the value to each spouse of any benefit which one spouse has and because of the divorce will lose the chance of acquiring (this mainly affects pensions).
The Court's aim is to achieve fairness.
Often the key decisive factor is the reasonable needs (especially housing) of yourself and your spouse which often overrides any possibility of an equal division of assets.
In most cases the Courts no longer have the power to make Orders for child maintenance except by agreement; an Application to the CSA must be made for child maintenance to be assessed.
In each case individual facts of the case show up some or all of the above factors which will be particularly relevant.
Both you and your former spouse have a duty to each other and to the Court to disclose fully your financial position (and any significant changes during the case) so that a proper financial arrangement can be made and this is an ongoing duty until the Final Order is made by the Court.
I do not deal with financial matters which can be quite complex. I can however refer you to mediation in the first instance, which will save you Solicitors' costs, and if mediation was unsuccessful I would recommend you to seek the advice of a Solicitor.
TS FAMILY LAW ASSISTANCE
