Financial Issues on Divorce or Dissolution of Civil Partnership

If you are going through a divorce or dissolution, the Court can make orders to deal with the financial arrangements. These are called “ancillary relief” proceedings because they are ancillary to the main divorce or dissolution.

A Judge will have a very wide discretion to apportion finances to bring about a fair settlement and this can include adjusting the existing ownership. All finances, including income, savings, houses and pensions must be considered.

The first consideration of the Court will always be the welfare of any child under the age of 18. After that, the Court will have regard to the following:-

(a) 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;

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before the breakdown of the marriage;

(d) the age of each party to the marriage and the duration of the marriage;

(e) any physical or mental disability of either of the parties to the marriage;

(f) the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(g) ...the value to either of the parties to the marriage of any benefit (for example, a pension) which ... (by reason of the divorce) ..that party will lose the chance of acquiring....;

How we can help?

The above summary is only very general information. We can provide advice or representation tailored to your own particular circumstances.