We can help you with your financial claims whether arising as a result of a marriage or civil partnership. We have a wide range of expertise and can deal with hidden assets, complex trusts, business assets and partnerships, pensions and maintenance. Whether your case has substantial or very few assets, we will help you identify your claim.
When dealing with financial matters there is no presumption that the assets are split 50/50. There is case law that talks about the yardstick of equality, so if 50/50 is not the outcome what is? The court looks at a checklist (section 25 of the Matrimonial Causes Act 1973) which is not exhaustive but the court’s first consideration is the needs of the children, then the court will consider other factors such as:
- How old are the parties?
- Do they have any health issues?
- How long is the marriage?
- What earning capacity do both parties have or what steps should they take to achieve or improve their earning capacity?
- What standard of living did the family have?
- What contributions have they made or will make in the future?
- Who was the homemaker and looked after the children?
- What are each party’s needs? (Consideration would be given to housing costs and borrowing capacity)
- What income does each party have?
- Should there be a spousal maintenance order and if so, how much and for how long?
The courts then have to consider if the parties can be financially independent. There will often be competing arguments and it is important to establish what the assets and liabilities are. The court will look at cases on the basis of what is a fair outcome.
Our Family Law team are specialists and can guide you through the process step by step. As soon as the relevant information has been obtained, they will be able to give you a good indication of what will happen in your case. They are all members of Resolution and accredited specialists either of Resolution and/or the Law Society Family Panel. Amongst our family solicitors we have a Deputy District Judge, Arbitrator, solicitors on the Child Care Panel, a collaborative lawyer and mediator.
Most importantly, our team will listen to what you want ensuring the best outcome for you and your family.
If you would like to find out more about financial claims, please speak to a member of our team.