Finances

There are a number of orders that the court can make when considering what is an appropriate financial settlement in a particular case.  These include dealing with any properties, (either a sale or a transfer between the parties), payment of a lump sum to one party, maintenance payments and pension orders.

Each case is looked at individually on its own facts with first consideration being given to any children of the family and their needs.  Other factors are then considered, including the parties' income, earning capacity, future needs, ages, the length of the marriage and the standard of living enjoyed during the marriage.

In many cases an agreement on financial matters can be reached without the need for court proceedings.  Unfortunately, there are circumstances when court proceedings must be taken and legal advice should be sought.

Q. My husband has left me and moved out.  I do not work as we have 2 young children, both under 5 years.  He says that we will have to sell the family home, is this true?

A. Not necessarily, although it is a possibility.  It would depend on what other assets were available, how much equity is in the property, and how you and the children could be rehoused if the property was sold.  The children's welfare is the most important consideration, and if it is at all financially viable for you and the children to remain in the property, then this should happen.

Q. I am in the process of obtaining a divorce from my wife.  She has said that she is going to make a claim against my pension.  Can she do this?

A. Yes.  There are various pension orders that a court can make.  Whether your wife will be successful will depend on the rest of the circumstances of the case, and the other assets that you may own.

Q. I am trying to sort out a financial settlement with my husband, but don't think I will be able to.  I am worried that if I instruct a solicitor that it will turn nasty.

A. At Tozers, we are all members of Resolution, a group for specialist family lawyers.  What this means for you is that we follow a code of practice to ensure that the matter proceeds in a conciliatory way.  None of our family team would want to make a traumatic situation worse.

Email our family team.