Resolving financial disputes

Married couples

If a couple is divorcing or separating, they will want to arrive at a financial settlement which provides them with a fair result and protection in the future.  All the assets in the marriage need to be taken into account so that there can be a full and final settlement, wherever possible.

It is best for settlements to be reached by negotiation but on occasions this is not possible and in such circumstances, it is advisable to issue financial proceedings at Court such that both partners will have the benefit of a financial Court Order once they are divorced.

It is a basic requirement of the divorce Courts in England and Wales, that there is full and frank financial disclosure from both partners to the marriage.  This is to ensure that the financial settlement reached is a fair one and when the agreement is sent to Court for ratification by the District Judge, he or she will want to see that financial disclosure has taken place.

A financial settlement will take into account factors to include the following:-

  • The length of the marriage
  • The age of the partners
  • Whether there are children and their ages
  • The incomes of both partners and earning capacity
  • The assets in the marriage and whether these assets were acquired before or during or after separation or arise from inheritance
  • Pension Sharing Orders
  • Spousal maintenance
  • Child maintenance

The family team at Rawlison Butler LLP is expert in helping couples arrive at a fair and satisfactory settlement.  We can ensure that costs are kept proportionate and that a negotiated settlement can be achieved where possible.

We are also experience in dealing with complex, high net worth cases often involving business interests.

The team can also offer mediation and collaborative law. 

Unmarried couples

The rules applied to arriving at financial settlements for unmarried couples are quite different to those for married partners, regardless of the length the couple having been living together.

Generally speaking, only where assets are jointly held will they be divided between the partners.  Where assets are held by one partner only, the other partner will not have a claim over those assets unless certain actions or statements have taken place to suggest that the non owning partner has an interest.

There is no entitlement to spousal maintenance when unmarried partners separate.  However there will be entitlement to child maintenance if there are children.

If the couple have children then on separation, the partner who has the children living with them, could make a claim under Schedule 1 of the Children Act for provision for housing or a capital sum for the children.  Generally speaking, the housing could only be used by the child and the parent who has care, until the child is 18. 

For further information on any family law issue, please contact Robert Worthing by emailing Robert or by calling him on 08450 990045, or speak to your usual contact in the Family Team.