One of the most complex areas of family law involves the distribution of assets upon divorce. Each case is dealt with on its own merits and its own facts.
The first consideration of the Court is always the welfare of any young dependent children. The practical application of this is that the Court will try and ensure that the children are adequately housed or re-housed with their main carer and there is a decent level of maintenance.
The matters to which the Court has regard when looking at financial matters arising from a divorce are:-
(a) 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;
(b) The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c) The standard of living enjoyed by the family before the breakdown of the marriage;
(d) The age of each party to the marriage and the duration of the marriage;
(e) Any physical or mental disability of either of the parties to the marriage;
(f) The contributions which each of the parties have 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;
(g) The conduct of each of the parties, if that conduct is such is that it would be in the opinion of the Court in equitable to disregard it;
(h) The value to each of the parties to the marriage of any benefit which, by reason of the dissolution or a nullity of the marriage that party will lose the chance for.
For further advice contact a member of our matrimonial team.
Frequently Asked Questions
Q: How much does it cost?
A: Resolving financial matters following a separation can be very complex and therefore costs are assessed on a case by case basis.
Q: Can I get Legal Aid?
A: Legal Aid is still available in relation to financial disputes providing that you meet certain criteria.