Financial matters (connected with divorce)

Factors taken into account when the court makes a financial order
With regard to the financial arrangements between you and your spouse, the Court takes various matters into account when considering what Order should be made.

The Court considers all circumstances of the cases, gives first consideration to the welfare of the children of the family under the age of 18, and in particular, the Court has regard to the following matters:

• The income and earning capacity, property and other financial resources which each spouse has, or is likely to have in the foreseeable future, including in the case of earning capacity, any increase in that capacity which it would be, in the opinion of the Court, reasonable to expect a person to take steps to acquire.
• The financial needs , obligations and responsibilities which each spouse 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 ages of each spouse and the duration of the marriage.
• Any physical or mental disability of each spouse.
• The contributions which each spouse has made or is likely to make in the foreseeable future to the welfare of the family, including any contribution by looking after the home, or caring for the family.
• The conduct of each spouse, if that conduct is such that it would be, in the opinion of the Court, inequitable to disregard it.
• The value to each spouse of any benefit which one spouse, due to divorce, will lose the chance of acquiring (most usually pension provisions). You both have a duty to each other and to the Court to disclose fully financial positions, so that a proper financial arrangement can be made. be made.

The overriding factor, in most cases, is the reasonable needs of you and your spouse.

In most cases, the Courts no longer have powers to make Orders for maintenance, and an application to the CSA/CMS, has to be made for Child Maintenance to be assessed.

However, if Child Maintenance can be agreed, then it can be included in the Court Order.

If you have any questions or need any further advice, please do not hesitate to contact us and we will do our best to accommodate you.