Financial Remedies and Settlements


Unfortunately not all divorce proceedings run smoothly especially when financial assistance have not been agreed. There is an underpinning duty of full and frank financial disclosure upon both spouses and civil partners to ensure that all relevant financial information is available before important decisions are made that will affect their financial future. If you find yourself in this unfortunate circumstance our family solicitors will help you in this process, we can help you proceed amicably and swiftly to ensure that an early financial settlement can be reached and placed before the Court for a Consent Order to be granted . r. A consent Order is normally granted where there is a Decree Nisi or Decree Of Judicial Separation or conditional Order in place.This

The Court has power to make the following financial Orders:-

• Spousal/civil partner maintenance – where one party is ordered to pay a periodic sum usually monthly to the other to assist with monthly living needs.
• Lump sum – where one party is ordered to pay a specified lump sum to the other.
Property adjustment – where a property is sold or transferred from joint names into the sole name of the other.
• Pension – either pension sharing where one party’s pension is split and shared out with the other or
• Pension attachment- where a portion of one party’s pension is directed to be paid to the other.

Q: How does the Court come to a fair decision?

A: The Court’s first consideration is to consider the welfare of any children under the age of 18 and whether it is possible to bring about a complete severance of financial ties by achieving a clean break order. The Court must then consider factors such as:

• The income, earning capacity, property and other financial resources which each of the parties to the marriage or civil partnership has or is likely to have in the foreseeable future including (in the case of earning capacity) any increase in that capacity which it would in the opinion of the Court be reasonable to expect a party to the marriage or civil partnership to take steps to acquire.
• The financial needs, obligations and responsibilities which each of the parties to the marriage or civil partnership has or is likely to have in the foreseeable future.