Where there is a real risk that an asset of value is going to be disposed of or in some other way removed beyond the reach of one spouse, then an application can be made to the court for an injunction preventing that …
Divorce Finances
A High Bar to Lifetime Maintenance Orders
Any spouse coming before the court today on a divorce seeking a maintenance order for the rest of their life has a high hurdle to climb.
Pre-marital Wealth – Where does it go on Divorce?
A frequently asked question is how pre-marital assets should be treated on divorce? It is not uncommon for one party or indeed both to bring into the marriage assets which they owned before the marriage. When a marriage flounders, they may then seek to ringfence those assets
How long will spousal maintenance be payable following divorce?
It is not every case in which spousal maintenance will be payable but in those where it is, what length of time can you expect to receive that support?
Court’s Approach to Spousal Maintenance Orders
There are various financial claims that can be brought by the parties under the umbrella of divorce proceedings, one of which is spousal maintenance. Where there is an ongoing entitlement to maintenance post divorce, the question arises should this be a joint lives order (i.e. until one of them dies) or should there be a cut-off point in the future? If so why and when?
What to expect from Form E
Form E is a document used by the family court to obtain information as to each person’s income, savings, investments, pension, belongings and property. It is a “one size fits all” so it is intended to cover all eventualities.
What to expect from a Financial Dispute Resolution Appointment
If you reach an agreement, this can be drawn up while everyone is in the court building and the Judge will give his approval to it, making it a binding order on that day. If you do not reach an agreement you go back before the Judge who will give directions to prepare for a final hearing.
What to expect from Arbitration
Arbitration is an option for those separating couples who cannot reach an agreement and know that a third party decision is required, but they want to avoid the delay of court proceedings.