Financial Issues on Divorce or Civil Partnership Dissolution
A Decree Absolute will bring your marriage to a legal end but it will not end the financial commitments that exist between you and your ex-spouse. A Civil Partnership Dissolution will end the Civil Partnership but again it will not deal with any of the financial issues. In order to cut all financial ties with your ex-spouse or ex-partner, you need to apply to the Court for a Financial Order.
You should do this even if you currently have no particular assets, as it will protect any wealth you develop in the future. Otherwise, without a Financial Order, there will always be a risk that your ex can make a financial claim against you.
We at Ashmans Solicitors are experienced lawyers who will be able to advise you about protecting your assets and help you secure what you are entitled to. We advise you to make an initial appointment with one of our specialised Family Lawyers who will clearly explain your options to you.
All enquiries are welcome. Feel free to drop us a line, give us a call, or pay us a visit. Ashmans Solicitors have offices in: Central London and East London, Dewsbury, Sheffield, Huddersfield and Leeds. Please see the Contact Us page for exact location details. Alternatively, you can email us on firstname.lastname@example.org – or call us on 0333 009 6275 If you and your ex-partner have already reached an agreement about the financial issues, it is possible for the court to approve a financial agreement without the need for a court hearing. This is known as a Consent Order.
What is a Consent Order?
This is an Order that is used for couples who have financial assets to divide. The Consent Order lists the couple’s assets and states how they will be shared out. It also includes a section which stops either spouse from making a financial claim against the other in the future. A Consent Order is made by a judge in divorce and civil partnership dissolution proceedings, where both parties have agreed their financial settlement and ‘consent to an order being made’, without the need for a court hearing. The Order can also include details on spousal and/or child maintenance arrangements, which enables the family court to enforce these, if the maintenance is not paid. Ashmans Solicitors can assist you with a Consent Order so please call one of our specialised Family Lawyers. If you and your ex-partner are unable to reach an agreement about the financial issues, we at Ashmans Solicitors can help you to negotiate an agreement. If an agreement is not possible then our specialised lawyers can assist you to make an application to the court.
What can the court do?
The court can make orders in relation to spousal maintenance, lump sum payments, orders regarding property and regarding pensions. The primary area in which the court is unlikely to make orders is child maintenance as this is usually dealt with by the Child Maintenance Service (formerly CSA). There are some circumstances in which child maintenance orders can be made and we will advise you in those circumstances. The court also has the power to make a number of other orders such as orders freezing assets, interim maintenance payments and orders compelling companies to disclose information. The Court has a wide discretion to redistribute income and assets. This will depend upon a number of factors:
- Income, earning capacity, property and other financial resources which each of the parties have and is likely to have in the foreseeable future.
- The financial needs, obligations and responsibilities which each of the parties have, or is likely to have in foreseeable future.
- The standard of living enjoyed by the family before the breakdown of the marriage.
- The duration of the marriage or partnership.
- Any physical or mental disability of either of the parties.
- The contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family.
We provide our clients with full and expert advice regarding the likely outcome of court proceedings and as to what settlements would be considered reasonable. We aim to ensure that our clients receive the best settlement possible. We would encourage you to come and see us for an initial meeting so you fully understand your options. In certain circumstances you may qualify for legal aid – please see our page on Legal Aid. You are in safe hands with Ashmans Solicitors, and, after being engaged by you, we’ll expertly guide your path through the process. We will also make sure that there are no ‘loose ends’ or ‘loop holes’ that could put your financial future in jeopardy. Contact Ashmans Solicitors now for a free, no-obligation enquiry – all enquiries are welcome. Please use the Contact Us form regarding your Divorce or Civil Partnership Dissolution query, being as detailed as possible. To help us answer you quickly, you’ll need to first describe the issue you’re having – then tell us what you want to achieve.