Financial Arrangements

Our approach encourages clients to reach an agreement through non court dispute resolution in order to avoid court proceedings. However, we understand that is not always possible. If a court application is made, a timetable will be set down by the court involving a series of hearings and possibly culminating with a final hearing at which you and your former partner will give evidence and a Judge will make a binding decision. If court proceedings prove necessary, we still strive to settle cases at an early stage in the process wherever possible.

To determine the appropriate financial settlement for you, the court will follow certain specific criteria taking into account the following:

• The length of the marriage
• The age of each party
• The physical or mental disability of either of the parties
• The family’s standard of living
• Income, earning capacity, property and financial resources now and in the foreseeable future
• Conduct of the parties
• Financial needs, obligations and responsibilities
• Contributions made to the family or which will be made in the future (which includes both financial contributions and contributions by looking after the home of family)
• The value of benefits that would be lost on divorce

The court has the power to make orders such as the transfer of property, shares or other assets, periodical payments, lump sum orders and the sharing of pensions.