Finances on Divorce and Separation

Disagreements over finances and financial obligations are often one of the most common causes for conflict between separating couples.

Finances on Divorce and Separation

Disagreements over finances and financial obligations are often one of the most common causes for conflict between separating couples. If you have not put in place a prenuptial or postnuptial agreement for a court to consider, you and your former spouse or partner will need to come to an agreement regarding how your finances, property and other assets will be divided. If there are any children under the age of 18, their welfare will be top priority.

Our specialist family law team can offer advice and guidance on all matrimonial finance matters including financial remedies, child maintenance or settlement agreements.

Matrimonial Finances

Our family law solicitors in Blackheath provide expert legal advice and services across a broad spectrum of legal matters relating to finances on divorce and civil partnership dissolution, including:-

  • 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

Regardless of the complexity of your financial claim matter, we will work with you to find an achievable solution that is right for you and your family. Where possible, we will work with you to consider non-court based options for finding an appropriate solution to your financial claim such as mediation. However, we realise this is not always an option. Our family law team has the expertise to guide you through the process of making an application for a financial order to the court if need be.

Speak with our Family Law team today:
+44 (0)20 8852 4433
familylaw@beverleymorris.co.uk
Online Enquiry

What is Section 25 of the Matrimonial Causes Act 1973

Section 25 of the Matrimonial Causes Act 1973 is a set of guidelines regarding what a judge should consider when deciding what is an appropriate financial settlement. These are often referred to as the section 25 factors and include:-

  • 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. This includes 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 the 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 before 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 has 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, whatever the nature of the conduct and whether it occurred during the marriage or after the separation of the parties or (as the case may be), dissolution or annulment of the marriage, 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 of marriage, the value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring
  • in cases where there are young children, the Court’s first concern will always be the welfare of those young children and how their needs will be met. In reality, the decisive factor in the majority of cases is the reasonable needs of the parties and the children of the family

Dealing with finances and property during a divorce process, civil partnership dissolution or separation can be complex and it is vital that both parties seek legal advice from specialist family lawyers as soon as possible.

Matrimonial Finance Solicitors in Blackheath

Our Family Law Team in Blackheath will be happy to speak with you regarding all types of matrimonial finance matters. You can find out more about our team by clicking on the links below.

Get in Touch

If you have an family law query regarding child law contact us for fast, constructive advice that is friendly and local.
+44 (0)20 8852 4433
tony.stafford@beverleymorris.co.uk
Online Enquiry

Family Law Team

Tony Stafford

Blackheath Office
Email Tony