If you are going through a divorce, you might be wondering what factors the courts would consider when deciding how to divide the assets and income of you and your ex-spouse for a fair financial settlement.
We appreciate that this can be an uncertain time and our specialist divorce lawyers are able to fully advise you on such matters in order to help you reach an amicable agreement if you are going through a divorce.
The first consideration of the court will always be the welfare of any children; therefore the party responsible for the majority of the care of any child might be considered to be more in need to financial assistance to meet the child’s needs.
After considering the welfare of any child, the court will consider all the circumstances of the case, but particularly the following factors:
- the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
- the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
- the standard of living enjoyed by the family before the breakdown of the marriage;
- the age of each party to the marriage and the duration of the marriage;
- any physical or mental disability of either of the parties to the marriage;
- the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
- the conduct of each of the parties (although this is usually irrelevant).
These factors can be found in the Matrimonial Causes Act 1973.
At Jordans Solicitors, our family lawyers can help you with any aspect of your divorce, from reaching an amicable agreement with your ex-spouse, to fighting for a fair outcome at court if necessary.
We offer fixed fee options, providing you with greater control and greater certainty about what your costs will be, and you may be able to keep your costs down by completing some of the procedures yourself if you so wish. Alternatively, we can manage the entire process and take the weight off you through an hourly rate service. You can rest assured therefore that you will be fully aware of the costs at every stage.
If you would like to know more, call us in confidence on 033 03001103 for expert advice on your divorce matters.