Upon divorce,  the property, money and any assets you shared need to be divided fairly and lawfully.

 

Our dedicated team is here to give clear advice to ensure you reach the best possible solution for you.

 

This may involve:

        (1) Issues surrounding the matrimonial home 

        (2) The division of other assets

        (3) Spousal Maintenance and Child Maintenance

        (4) Arrangements for children

        (5) Family owned businesses

        (6) Pensions

        (7) Domestic Violence

        (8) Whether your case is suitable for mediation

 

The process of resolving financial issues between parties upon a divorce is known as 'ancillary relief'.  The Court has the power to make orders transferring property to one spouse regardless of whose name a property is in.  The rules which a Court applies in dividing the matrimonial assets are set out in section 25 of the Matrimonial Causes Act 1973 which detail the factors which should be taken into account.   However, in the majority of cases where the family's resources do not satisfy both the Husband and Wife's needs, then the financially "weaker" spouse (and typically the one with whom any children of the family will live) will get priority when it comes to dividing the assets.  This is known as the "needs approach".  Only where there is a surplus of assets and most typically in cases of long marriage will the Court look towards more equal division.

The most common orders which a Court can make are as follows:

  • Transfer of Property
  • Periodical Payments (Maintenance)
  • Lump Sum
  • Pension Division

The Court has a specific duty to decide whether it would be appropriate to end the parties' financial obligation to the other.  This is what is known as a "clean break" and it is important because it prevents further financial claims by a party in the future against the other of an income, capital or pension nature.  This may not be appropriate when dealing with a marriage where there are young children.

The ancillary relief process involves identifying and valuing the matrimonial assets and exchanging this information between the parties.  In the event it is possible to reach an agreement by negotiation then this can be drawn up and reflected by way of a Consent Order which would then be sent to Court for approval.  If agreement cannot be reached through negotiation then it may be necessary to issue Court proceedings, although sometimes it is the case that Court proceedings are issued so that a timetable can be put in place.

If you would like advice or assistance on any of the above and would like to make an enquiry, please click here