Financial Matters
Whether you are divorcing or simply separating we can advise on the appropriate financial settlement and reach agreement without the need for court proceedings. We can also make a referral to mediation where appropriate.
What must the court consider?
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All the circumstances of the case
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Welfare of the Children is paramount
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The income, earning capacity, property and other financial resources you each have
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The financial needs, obligations and responsibilities which you each have or are likely to have in the foreseeable future.
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The standard of living enjoyed by the family before the breakdown of the marriage.
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Your ages and the duration of the marriage.
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Any physical or mental disability either of you may have.
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The contributions which each of you have made or is likely to make in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family.
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The conduct of you both, if that conduct is such that it would in the opinion of the Court be inequitable to disregard
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The value to you each of any benefit which one of you, because of the divorce, will lose the chance of acquiring (most usually pension provision).
In most cases, the courts no longer have power to make orders for child maintenance except by agreement; an application to the Child Support Agency has to be made for child maintenance to be assessed.