When parties decide to divorce or separate it can often be difficult to agree what is fair and what arrangements should be put in place.
Getting down to the nitty gritty of your finances is for most couples, the most daunting aspect and this is usually the most contentious area. It can be difficult to determine who is entitled to what. We always advise clients to try to come to an agreement between themselves or via mediation but legal advice should always be sought before agreeing to any financial settlement to ensure that the agreement is fair. Financial matters that often need to be agreed upon divorce can include:
• Division of property
• Division of pensions
• Division of assets
• Joint debts
• Financial provision for children
If an agreement is reached between the parties, then this can be formalised in a document known as a Consent Order which your solicitor will draw up and then submit to the court for approval. This helps to avoid any future financial claims by either party.
If financial matters cannot be agreed, then the court will need to decide upon a settlement that is fair to both parties. The welfare of any children will always be uppermost in the judge’s mind but the following factors will also be considered:
• The current and future earning capacity of either party
• The financial needs of the parties now and in the future
• The standard of living enjoyed by the parties prior to the divorce
• The housing needs of the parties now and in the future
• Any physical or mental disability of either party
• The length of marriage and ages of the parties
• Any financial contributions made by either party
• Any contributions such as caring for the children and looking after the home
It is important to obtain the best possible legal advice before entering into any financial agreement. If you are considering divorce or separation then speak to our family law specialist on 01442 242999 for further information.
I know that you are all just doing your job, however you have given me great support through this difficult time and it’s great to feel that you’re in my corner
We were both completely happy and satisfied with the outcome. We cannot have hoped for a better outcome despite the circumstances and the potential outcome. We cannot thank Ciaran and Wheldon Law enough.
Excellent, professional service throughout. Would use Wheldon Law solicitors in the future if required. Would also recommend to family and friends.
I cannot thank you enough. You have all been amazing. Brilliant service.
I would definitely advise others of the excellent service that I received and would recommend your law firm – thank you.
Hopefully I will not need the services of a solicitor again but if I do I would not hesitate to contact your company.
I’ve never needed a solicitor before so was unsure as to what to expect. Tina put me as much at ease as possible and was very friendly and honest with what she told me. Thank you so much!
I found the advice and service provided very friendly and comforting at a time of extreme distress and all matters were dealt with very discreetly and professionally.
Gareth did a great job.
Very happy with the result and I know this is down to Wheldon Law, thus very happy with the service. Thank you.