Financial orders – This is an extremely complex and unpredictable area which is important to all of us but is often where legal bills suddenly start to expand and reduce both of your abilities to move on.
The Matrimonial Causes Act 1973
- s.23 & s.24 – Financial Provision Orders, Periodical Payments Orders, lump sum orders, pension sharing orders, property adjustment orders, transfer of property, settlement of property, variation of settlement.
- Clean Break Orders
- S.25 “All the circumstances of the case” – Children, Income & Earning Capacity, Property, Financial Resources, Financial Needs, Standard of Living, Age of the Parties, Duration of the marriage, physical or mental disabilities, contributions to the marriage, conduct of the parties, lost benefits due to the divorce.
- Mesher & Martin Orders
- Pre nuptial Agreements
The Civil Partnership Act 2004
- s.72(1) & Schedule 5 – Grants same rights to an order as contained above in MCA 1973
Part 9 Family Procedure Rules 2010
- Applications on Form A
- Statement of Issues
- Form E & Questionnaires
- Without Prejudice offers to settle
Transfer of Land & Appointment of Trustees Act 1996
- For unmarried couples.
- To to decide who is entitled to occupy, reoccupy a former family home when an ex-partner refuses to leave.
- To force the sale of land or property.
- To decide the nature and extent of the ownership of a property owned by two or more people. (includes beneficial interest)
- By parents/grandparents wanting to recover their financial interest in the property.
Common Key Issues we help to resolve
- The division of any equity in the home , whether in Joint or a sole name.
- The settlement and payment of debts in sole or joint names.
- The full disclosure of all assets, liabilities by each party
- The full disclosure of all income & expenditure of each party
- The division of any other property and posessions owned jointly or in. sole name
- The division and equalisation of any pension entitlement
- Agreeing on valuations of property and assets
- Agreeing whether properties are to be sold, or one party is bought out
- Agreeing timelines for actions to be completed by
- Agreeing the sharing of any assets owned prior to the relationship
- Agreeing any maintenance / provision for the children
- Agreeing on future financial needs
- Agreeing on future earning capacity and the impact of new partners
- Agreeing on post-separation assets and liabilities
- Agreeing on changes to standards of living
- Agreeing the impact of any disabilities on future capacity and capital needs
- Agreeing on contributions made to the relationship both financial and non financial
- Agreeing on clean breaks for both parties