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Divorce – Financial Aspects of Divorce | Parslows Lawyers

The breakdown of human relationships can cause great stress, anxiety and problems. The process of separation and divorce is rarely easy.

Our aim is always to attempt to deal with divorce as painlessly as we can. While this cannot always be achieved – much depends on an individual client’s own requirements and the way in which the other party to the case proceeds – we will always attempt to seek such a course for you.  We will look to solutions to solve any problems between the parties and not to add to the antagonism.

Financial aspects of divorce (aka Ancillary Relief)

The court has wide powers to decide whether or not a party to a divorce should provide for the other party following the divorce and to decide how the property of the parties should be distributed.

Orders which can be made include the following:-

  • An order that either party shall make maintenance payments to the other including orders for the maintenance of the children;
  • An order that one party pay the other a lump sum of money;
  • An order that one party transfer property to the other;
  • Orders which have the effect of deciding which individual items of property belong to or should be retained by which of the parties to the marriage.
  • The court can order that the former matrimonial property should be sold. Such an order can contain a postponement provision stating that for example, the former matrimonial home should be sold but only after a specific period has expired. In some cases, it is appropriate for the court to delay the sale of matrimonial property until the children of the marriage have grown up.

When deciding whether or not to make an order in relation to the financial aspects of the divorce, a court will take into consideration:-

  • The welfare of any children
  • The income, earning capacity, property and other financial resources of the parties to the marriage
  • Pension entitlement
  • The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
  • The standard of living enjoyed by the family before the breakdown of the marriage.
  • The age of each party to the marriage and the duration of the marriage.
  • Any physical or mental disability of either party to the marriage
  • The contributions which each of the parties has 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.

The court will not look at whether any party was by his or her conduct responsible for the breakdown unless such conduct was such that it would be inequitable to disregard it. In practice, this means that a court will only look at a party’s behaviour as relevant to the financial settlement if that behaviour was outrageous. In the words of one court, it would take the party’s conduct into consideration only if it would be “repugnant to normal sense of justice to ignore that conduct”.

How Parslows can help

Parslows Divorce, dissolution and family law team provide an exceptional service to all our clients.

Our divorce lawyers are focused on providing you with expert advice with a truly personal service.

We advise on all aspects of family law: whether it be advice on divorce, dissolution of a partnership or financial settlements we can assist.

Our clients are pleased with our service and fees, we are confident you will too.

For further information please do not hesitate to call 630530 or email us on familylaw@parslowsjersey.com.

The information and opinion expressed in this briefing does not purport to be definitive or comprehensive and are not intended to provide professional advice. For specific advice, please contact Parslows, We are not responsible for, and do not accept any responsibility or liability in connection with, the content of this document or any reliance upon it.

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