A financial settlement on divorce is an agreement between spouses on how to split their assets and liabilities, including pensions. Here is a guide on the legal process.
Family Law Guides
The Benefits of Collaborative Divorce for Couples
Collaborative divorce for couples | Many couples are looking to separate amicably, retaining control over decisions that reflect their values
How to Sort out Child Arrangements on Relationship Breakdown
When a relationship has broken down one of the most difficult issues to be dealt with can be the living arrangements for the children …
Why a decree absolute is never enough
Final Divorce Order | It is a common misconception that a final divorce order (formerly decree absolute) brings divorce matters to an end.
How Collaborative Divorce Works
Collaborative divorce is a process where you and your former partner commit to settling matters without going to court – a short guide.
Why Collaborative Law for Divorcing Couples?
Although it asks a lot of the clients (and the lawyers), it enables clients to look back and feel proud that they have taken control of the process.
Arbitration: an option for Children Arrangements
The proponents of arbitration emphasise the privacy that it brings (particularly for clients in whom the media may be interested); the fact that if desired, the couple can select their arbitrator and the location of the arbitration hearing; and that on the day they can be guaranteed a prompt start without the Judge being occupied with other matters. The location (usually a solicitor’s office or barrister’s chambers) is generally an improvement on court waiting rooms.
Agreeing Holiday Arrangements for your Children when Separated
One of the issues that often comes in to play is what happens to a pre-existing visit or care pattern? If a child spends every other weekend and one night each week with one parent in term time, does that carry on during the school holidays? It may be clear that it needs to be suspended when one or other parent takes the child away on an actual holiday, but what about those weeks in between when little Johnny is at a holiday club or Grandma comes to stay to help out?
Rights of Grandparents on Separation
It can be easy to forget that the change the immediate family unit are going through is also being experienced by grandparents. With children often spending their time with one parent at a time after divorce, precious time with their grandparents can be squeezed, leaving everybody feeling like they are missing out.
Is a house purchased before marriage a marital asset?
When looking at how to deal with the claims of any couple on divorce, the court (and a solicitor advising outside of the court process) is governed by section 25 of the Matrimonial Causes Act 1973. This lists the matters that the court has to take into account. At the top of the list is the needs of any child under 18 years, followed by the needs of the parties, the resources they each have jointly and separately, their ages, health, the length of the marriage and the standard of living they enjoyed together. The “sharing principle” is not found in this list but is a judicial gloss and a principle that can be quite strictly applied to marital assets.