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To download our 'Guide to Financial Proceedings within Divorce' please
It is always advisable to try and reach a financial settlement with your
spouse on a voluntary and amicable basis. If you can talk things through
and reach an agreement, you will save yourselves time and money that
otherwise may have to be used to argue about it in court.
If you and your spouse are able to reach an agreement, then Fairbrother & Darlow can prepare a formal document embodying the terms of the agreement. This can be by way of a Deed of Separation, which does not go to court, or in the form of an order that can be sent for the approval of a judge within divorce proceedings.
If you are not able to reach an agreement, then you may have to start proceedings where the court will order both parties to provide ‘full and frank disclosure’ of their financial circumstances. We can then help you to explore with the possibility of a settlement that provides financial security for both parties and, if applicable, any children.
If an application is made to a court, the legal factors a judge considers to decide what is fair are set out in legislation and include:
The parties’ incomes, earning capacities and mortgage capacities;
The parties’ financial needs, obligations and responsibilities;
The parties’ standard of living;
The parties’ ages and duration of the marriage;
Any physical or mental disability that a party may have;
The parties’ respective contributions to the marriage;
Occasionally the court may take into account the parties’ conduct;
Any loss of benefit, whether financial or otherwise, that may arise from the divorce proceedings;
The welfare of any child(ren) of the marriage.
Nullity and Judicial Separation
There are particular rules that are applicable in proceedings for a Decree of Nullity or Judicial Separation. If you would like to have further advice in connection with these matters please contact Fairbrother & Darlow.
Family Law / Financial & Property Matters
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