Please note the topic of financial provision on divorce is a complex area and varies from case to case. As such, you are strongly advised to seek independent legal advice on your specific case.

Our guide intends to show you what the various routes you can take in order to resolve financial matters are and what the Court takes into consideration when determining financial matters as a result of divorce proceedings.

Let’s start with the various routes first. Say you and your former spouse are going through or are intending to go through divorce proceedings. You have various financial matters that need resolving and you don’t know where to start.

Firstly, if you are able to discuss matters with your former spouse, and reach an agreement over matters this is very positive. After your Decree Nisi, it would be advisable for you to run through your agreement with your legal advisor in order to ensure the agreement reached is in your best interests. If it is, then either you and your former spouse or your solicitors can draft a consent order, reflecting the agreement made. The consent order can then be sent to the court in order to receive approval. Thereafter the agreement becomes legally binding.

If the agreement reached is not deemed to be in your best interests, you will have the option of attending mediation in an attempt to resolve the outstanding issues. Mediation is a non-confrontational method of dispute-resolution whereby you and your former spouse attend sessions with an independent and impartial mediator whose role is to assist you both in reaching an agreement on various matters. Mediation can be used for any purpose relating to outstanding issues concerning finances and children and is available to married and non-married couples.

Mediation is a pre-requisite for any court application for financial relief i.e. for any court application to resolve financial matters.

If mediation fails, then you have the option of either going through solicitors to resolve financial matters via a voluntary financial disclosure process or you can make a formal application to the Court.

In accordance with Section 25 of the Matrimonial Causes Act 1973, the Court will take the following into consideration when determining any application for financial relief;

– have regard to all the circumstances of the case, meaning it must look into all the relevant issues of every case;
– give first consideration to the welfare of any children of the family who have not yet attained the age of 18, this often means meeting the housing and income needs of the children of the family;
– the income, earning capacity, property and other financial resources that each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity that it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire;
– the financial needs, obligations and responsibilities that 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 that 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, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
– in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit that, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

The Court also needs to consider whether a clean break order/provisions should be applied. A clean break order essentially prevents either side from making future financial claims against the other. The provisions applied vary depending upon the circumstances of your case.

The Court process is based upon full and frank financial disclosure from both parties and initially is based upon a financial statement called a Form E. The Form E is a form requesting information on your financial position. Both you and your former spouse have to complete this form and provide all supporting evidence at the beginning of your Court case and in accordance with a court timetable. Please click here to see a copy of what the Form E looks like.

If you require further information or advice on financial provision following a divorce, please contact us. We also have guides specific to various areas of Family Law which we can send to you if you wish.

You can contact us on info@boselegal.co.uk or 07539744144. We are here to help.