If you are married or in a civil partnership but your relationship has broken down, and you have financial matters to resolve with your spouse, we can assist you with that.

The financial issues between you and your spouse or civil partner take various forms and could involve property, maintenance, lump sum payments, pensions, transfer of assets or a combination of some or all of them. The Court has wide powers to make an Order about the finances but can only do so if a Divorce, Judicial Separation, Nullity or Dissolution Petition has been issued and has progressed to the Decree Nisi stage.

It is always possible, and usually preferable, to try to reach an agreement between yourselves. If you do agree on a financial settlement, the Court can approve it and make what is known as a “Consent Order”. You may wish to consider using mediation or the collaborative approach to help you resolve the financial matters in an amicable way that avoids lengthy and therefore expensive Court proceedings. We can advise you about attending mediation as well as acting for you in a collaborative case.

In the event you are unable to reach an agreement, it is possible to apply to Court and it will make the decision on your behalf. It would be necessary to have what is known as a “final hearing” where the Court hears evidence and makes a decision. You would have to attend that hearing and may have to give evidence and be cross-examined by your spouse’s representative.

The Court’s overriding duty is to ensure that the outcome is fair although that may not necessarily mean the assets will be divided equally between the two spouses or civil partners. It will take into account a number of factors such as the length of your marriage or civil partnership; your respective ages and health; your existing income and capital; your needs and the needs of any children; as well as your contributions. These factors will help the Court determine the fairest way to divide the assets. They are known as the “Section 25 factors” as they are listed in s.25 of the Matrimonial Causes Act 1973 which is the primary statute that governs this area.

The Court can make an Order about the finances only once the Divorce has reached the Decree Nisi stage or your Civil Partnership Dissolution has reached the Conditional Order stage. Any financial Order made then is not enforceable until Decree Absolute, or in the case of Dissolution, Final Order.

In respect of child maintenance, if there is a dispute about the amount that should be paid, the Court can make an order for you only in very limited circumstances. Usually a dispute over child maintenance would be dealt with by the Child Support Agency (CSA) which is soon to become the Child Maintenance and Enforcement Commission (CMEC). If one party lives and works abroad, or lives in the UK but earns over a certain amount, the Court may then be able to order maintenance.

If you are separating and you need any advice on your financial position, our specialist Divorce & Finance Team is able to assist. We offer a no obligation fixed fee appointment so that you can discuss your options. For further information please contact Michelle Uppal or Stephen Talbot on 020 7426 0400 or email Michelle at mu@milesandpartners.com