Slide background

Factors the Court Take Into Account

Financial Remedy claims are those relating to the distribution of financial and property assets (including pensions) and liabilities after married parties separate or divorce.

Separating married couples will often try and agree the distribution of their joint assets by negotiation, without issuing Court proceedings to determine the issues in dispute.

A condition precedent to any negotiations is full and frank disclosure by both parties of the following:-

  • income (including state benefits such as tax credits and child benefit)
  • joint and individual assets, including valuations of properties
  • outgoings and liabilities, such as mortgages, debts, loans and credit cards
  • pension valuations

If matters can be agreed they can be recorded in writing in a Deed of Separation or a Consent Order approved by the Court.

Types of Financial Orders

  • Maintenance for a spouse or children
  • A cash lump sum payment
  • A transfer of property
  • An order for the sale of a property
  • A pension sharing order

Considerations of the Court

The Court is required to look at all the circumstances of a case and the wide range of factors set out in the Matrimonial Causes Act 1973, including:-

  • The first and most important consideration is the welfare of the children
  • The financial resources of the parties
  • The financial needs and obligations of the parties
  • The standard of living enjoyed by the parties
  • The ages of the parties and the duration of the marriage
  • Any physical or mental disability
  • Contributions to the welfare of the family e.g. a spouse staying at home and bringing up the children
  • Loss of future benefits e.g. pension rights
  • Only in extreme cases, the conduct of either party