Getting the right result for you and your family
The financial consequences of getting divorced are normally the primary concern for most clients.
Rayden Solicitors will guide you through the process. We will advise you to help you reach the financial settlement that is right for you and your family. Your questions may include:
- Will the family home have to be sold and if so how are the sale proceeds to be divided?
- If the family home has to be sold how will both of you meet your housing needs?
- What money will you both have to live on?
- Is child maintenance payable and if so at what level?
- How should the other assets of the family be divided?
- How should your pension assets be treated?
As a married person you have legal rights to financial provision from your spouse on divorce. The position is not the same if you are not married or in a civil partnership and you should refer to our page on unmarried couples for more information.
Your finances and the law
Whether you reach financial settlement with your spouse by negotiation, mediation, through the collaborative process or you have to make an application for a financial order to the Court, the same legal guidelines are worked through to get you the right result based on your individual set of circumstances. No two families are alike and there is not one right answer for each case.
When determining your financial claims the court’s first consideration will be the welfare of any child of the family, under the age of eighteen. The court will then consider the following:
- The income, earning capacity, property and other assets which each of you have or are likely to have in the foreseeable future. The court, where reasonable, expects a party to take steps to generate an income or increase their income stream.
- The financial needs, obligations and responsibilities of each of you both now and in the future;
- The standard of living enjoyed during the marriage;
- The age of each of you and the duration of the marriage;
- Any physical or mental disability either of you may have;
- The contributions each of you has made to the welfare of the family, both financial and in relation to the home and the care of the children;
- The conduct of each of you, however, case law has established this is only relevant where serious financial misconduct has taken place or violence that effects a parties earning capacity.
The court will also have regard to principles established through case law. In recent times a number of very high profile cases have been in the headlines. Reported cases illustrate how a judge might apply the criteria set out above to a particular set of facts. However these principles may have little relevance to you if the facts differ from your case. Contrary to popular belief, the answer to the question “how much will I get?” is often not “half of everything”, particularly where the marriage is short or children are involved. This is because it will often be the needs of the parties’ that will determine the financial settlement reached.
If you are facing divorce or separation you require the experience and expertise of a knowledgeable family practitioner who at an early stage can quickly ascertain your financial disclosure and personal circumstances to give realistic advice as to what can be achieved. Raydens Solicitors provide that expertise. Drawing on our substantial expertise we can provide advice in relation to:
- Financial arrangements during separation
- The process of gathering information for financial disclosure
- Assistance with the valuation of pensions, business interests, trusts and property
- The presentation of financial disclosure
- Possible terms of settlement including division of assets and in relation to income
Financial disputes can prove to be the most costly part of a marriage breakdown. The more areas in dispute, the more time must be spent with you and the greater your legal costs will be. Ultimately, co-operation on both sides is the key to keeping legal costs to a minimum.
Rayden Solicitors provide quality advice at an affordable rate enabling a broad range of clients to manage the process effectively.
Speak to us
If you would like to make an appointment or have any questions, please call 01727 734260 or fill in the enquiry form below.