In divorce, civil partnership dissolution, or separation, financial costs may be a concern, especially where you or your partner has significant wealth, property, or other assets.

In or out of court, our expert team works tirelessly to reach a fair settlement.

Financial Arrangements upon Divorce or Separation

In divorce, civil partnership dissolution, or separation, it is natural to be concerned about the financial cost that such an application could have, especially where you or your partner has significant wealth, property, or other assets.

The Royal Court of Jersey has a wide discretion to redistribute income and assets to produce a fair result regarding financial awards. It views a marriage or civil partnership as a partnership and, as such, will determine assets built up during marriage in that way.

It can consider assets held in trust by family members and held through corporate entities. Depending on the spouse’s needs it also has the discretion to consider assets earned or owned before the marriage in some circumstances. Family law financial arrangements related to divorce, civil partnership dissolution, or separation can involve complex issues, where expert lawyers and their teams unlock or protect substantial finances, properties, assets, and international interests. You will need to meet your partner’s claim with compelling arguments regarding retaining your assets as well as countering your spouse’s proposed needs and claims.

 

What Orders can the Royal Court Make?

In relation to financial remedies (ancillary relief), the overriding objective is to deal with cases justly (rule 47, Matrimonial Causes Rules 2005).

The Royal Court has the power to vary trusts, marriage settlements, post-nuptial settlements or separation agreements in any way it appears to the court to be just. Decisions will be made with regard to the means of the parties, the conduct of either of them (insofar as it may be inequitable to disregard it) or in the interests of any children of the family. Trusts, a company or other assets, the legal title to which is not held by one of the parties, can be taken into account as a financial resource, depending on the circumstances of the case.

The Financial remedies generally applied for and to which the Royal Court can determine if there is dispute are:

  • Periodical payments (for children and spouses)
  • Lump-sum payments (with security as necessary)
  • Property transfers
  • Orders for sale of property
  • Variation of settlements
  • Interim orders
What is the Royal Courts stance on the division of assets?

Generally, assets are divided equally unless the parties’ needs dictate that one party should have a greater share in all the circumstances, particularly the care of young children. There is a starting point of an equal division of assets.

Assets acquired pre-marriage, and after separation, non-mingled gifts and inheritances may be disregarded, again, depending on all the circumstances of the case.

What factors will the Royal Court consider?

The Matrimonial Causes (Jersey) Law 1949 stipulates that the Royal Court must exercise its powers to make financial orders:

“having regard to all the circumstances of the case including the conduct of the parties to the marriage insofar as it would be inequitable to disregard it and to their actual and potential financial circumstances”.

Does the Royal Court favour a clean break when making a financial award?

A clean break is preferable wherever possible. However, this will depend on several factors such as the earning power of the spouse, children etc. It is common for maintenance to be awarded for a fixed period, to enable a party to re-train, or while children are very young. Maintenance will generally be capitalised where possible.

Can the Royal Court order that I disclose information about trusts that I may be a beneficiary of?

Where there are trusts, the Royal Court has the power to order disclosure of information if it suspects that one party is hiding behind the trust. Whether an application is successful depends on numerous factors specific to the case in question.

Will the Royal Court disregard my business when deciding how much my spouse should receive in our divorce settlement?

The Royal Court will have jurisdiction to consider the value and income concerning your business when considering a financial settlement. Where possible, they will try not to interfere with the running of the business but will do so if it is a material asset.

What is the procedure?

To be completed…

Parslows experienced family law solicitors will provide you with the specialist legal representation you need to ensure you get the best possible result in the divorce and financial arrangements. Our family law solicitors have worked with business owners, families with significant wealth, high earners, and their spouses to reach a favourable outcome in each of their divorces. Our highly experienced family law solicitors are here to help and support you with any issue you may face.

With our legal assistance, we will aim to secure a settlement out of court, but if you do have to go to the Royal Court, you can be sure you will have the best divorce lawyers on your side.

What our clients say

“Relief is an understatement …”

Thank you for the decree absolute from Natalie. Relief is an understatement! Thank you to both of you [Natalie and Catia] for all your work, understanding, compassion and support through the most awful of times.

Family Law July 18, 2022

“Huge thank you …”

Huge thank you to you Natalie and your colleagues involved with my separation agreement and making things so simple and fast in what has been a difficult time. I look forward to receiving my updated draft Will for my perusal and finalisation.

I will certainly recommend you to everyone and I have told my daughter to contact you re her Wills as she has now been waiting 9 months with numerous chaser e mails to another firm and still nothing to sign!

Family Law July 13, 2022

“Thank you so much …”

Just a quick note from me, thank you so much for all your help on this Natalie.  I appreciate I have probably been quite persistent (putting it kindly) in contacting and requesting updates and appreciate how you have handled this and dealt with the stressful situation last week.

Family Law October 25, 2021

“I am so very grateful …”

Thank you so much for all your help Natalie.  You are making this incredibly difficult time far easier and for that I am very grateful.

Family Law May 11, 2021

“Thank you so much ….”

Thank you so much for your kindness and professionalism today. You made a difficult day much easier.

Family Law October 29, 2020

“Natalie and the team worked together seamlessly …”

‘Natalie and the team worked together seamlessly as a team for me consciously keeping my costs throughout as low as possible, whilst at the same time in my opinion giving me the best advice and always making sure I understood any ramifications of our decisions. They were at all times extremely kind, friendly, polite and punctual and the time spent in the offices was always friendly and not intimidating at all, almost family like. Legal 500 2021 client testimonial 

Family Law October 1, 2020

“I think the key is the whole firm feels like a real team …”

‘Parslows were head and shoulders the friendliest and most welcoming, right from their receptionist’s warm welcome. The whole team instantly realised my position and distress, they put me at ease and explained the best way forward and the likely costs moving forward. After walking into their firm a complete mess I left feeling a lot happier and comfortable that we could all work well together, I have been working with them now for over a year and simply can’t praise them enough. I think the key is the whole firm feels like a real team.’ Legal 500 2021 client testimonial 

Family Law September 14, 2020

“Thank you again for getting me home …”

The move went well despite the Covid situation and to have my family with me is great.  Thank you so much for getting me home.

Family Law August 3, 2020

“You make an awesome team …”

I cannot tell you enough how much I appreciate all your and Natalie's hard work. You make an awesome team and I can’t thank you enough.

Family Law June 15, 2020

“A very well deserved thank you for all the work …”

I’ve never really given a thank you that was deserved for all the work carried out by Parslows and the efforts that you put in over the full duration of the case. Your patience during some very tedious moments, advice and with support from the team throughout, was very much appreciated.

Family Law February 24, 2020

“Will utilise your services in the future …”

Thank you to the Parslows team for the services they have provided to me over the last 12 months. Will utilise your services in the future (hopefully not necessary) if and when required. Have a lovely weekend.

Family Law November 18, 2019

“I would recommend you to anybody going through the same proceedings …”

I cannot express enough how grateful I am for your work on this case, it has been painful to say the least but I couldn’t fault you Natalie for your ongoing support.  I would recommend you to anybody going through the same proceedings.

Family Law November 5, 2019

“No praise high enough …”

I  can't thank you and the team highly enough for all you have done. In a few weeks I’ll be back again as I want to make a new will. But really…. without you and the team I would been been totally lost. There is no praise high enough for you all.

Family Law October 10, 2019

“Thank you for making this possible …”

Thank you for making this possible. You and Natalie and everyone at Parslows have been wonderful over this long and at times rather traumatic 16 months.

Family Law September 25, 2019

“Efficient and professional …”

Thank you for your services ..... I have been very pleased with the efficient and professional service which you provide.

Family Law July 2, 2019

“Thank you for your continued help …”

Thank you for your continued help and support in this matter and thank you to the family team.

Family Law May 10, 2019

“You were amazing …”

Hi Natalie, honestly thank you so much for today, you were amazing and got every point over perfectly! Hopefully some positive steps forward but watch this space!

Family Law April 29, 2019

“You are a credit to your industry …”

Thank you for getting me to this point. Your help and support has been paramount in getting us here.  You are a credit to your industry.

Family Law September 27, 2018

“You are an absolute star …”

You are an absolute star. I wouldn’t have done this without you.

Family Law July 23, 2018

“I took your advice … he has paid all maintenance owed ….”

Just a quick update regarding my problem with my ex paying the maintenance he owed.  I took your advice and contacted a debt collection agency which we use in work.  Today he has paid all maintenance owed and agreed to increase his maintenance payments to the correct amount.  I am in shock!  I wanted to thank you for your advice and for taking the time to help me I really appreciate it.

Family Law July 2, 2018

“Gratitude for your professionalism and conduct …”

I am whole heartedly relieved with final closure and agreement of the proposed settlement offer. Please can I extend my gratitude for your professionalism and conduct in reaching the final outcome.

Family Law February 15, 2018

“You’ve really helped in so many ways …”

Thank you very much [Natalie], and thank you again for all your help, advice, patience and guidance over the last year or so. You’ve really helped in so many ways and it really is appreciated.

Family Law November 27, 2017