Splitting up with your partner can turn out ugly, as divorces are challenging yet emotionally draining processes. One of the most complex aspects of divorce is the financial settlement. A financial divorce solicitor has seen many cases where both parties understand each other yet fail to settle smoothly.
These financial settlements ensure a fair distribution of assets and liabilities as parties move forward in life. This comprehensive guide will discuss everything you must consider while navigating financial settlements in divorce.
Understanding Financial Settlements
Financial settlement is a divorce process that divides all marital assets and liabilities. This involves pensions, investments, savings, property like cars and furniture, and other financial interests acquired during the marriage. The simple goal behind financial settlement is to ensure a fair and transparent distribution of assets and contribute to future needs.
The law relating to financial settlements can be complex. Besides child maintenance, the court has wide discretion in deciding who gets what. There are no accurate steps to lay down a financial settlement in divorce. Since every family is different, circumstances are likely to change with every family.
Key Steps to a Fair Division
Fair Division
The main aim of financial settlements in divorce is to divide assets fairly. The basic guidelines the court follows while deciding the division are laid down in section 25 of the Matrimonial Causes Act 1973. This provision addresses the most important factors like childcare, property, etc. Moreover, fairness in financial settlements is not about dividing everything equally. The court emphasises that there should be no discrimination between a breadwinner and a homemaker while distributing assets.
Childcare Needs
The first and foremost aspect to discuss in a financial settlement is the needs of the children. Simply put, accommodation must be provided, and one of the parents must retain custody of the children. Ideally, courts accommodate both parties, and their housing needs are shared equally.
Future Needs
During a financial settlement, the court always focuses on meeting the needs of each party. This requires the division of marital and non-marital property to provide a safe future for each of them. The marital property covers a large part of divorces. Courts also consider the financial contributions made by each party as laid down under section 25.
Factors of Section 25
Section 25 of the Matrimonial Causes Act 1973 lays down the duty of the court to consider all the circumstances of the case. This section allows the court to consider any factor it deems relevant to the law. Let’s understand what the phrase ‘all the circumstances’ means.
- The welfare of the children is the first consideration, no matter what.
- Financial requirements and obligations which allow each party to consider the foreseeable future.
- Income, property, earning capacity and other financial resources
- Standard of living enjoyed by the parties during the marriage
- Age of each party and duration of marriage
- Disabilities, including both physical and mental, of the parties in the marriage
- Contributions made by each party during the marriage
- The conduct of each party. This is rarely taken into account, but it depends on the seriousness of the case.
- The value of each party to better understand the reason for the relationship.
In addition, the act lays down similar considerations to be made when any dependent children are involved.
Conclusion
Navigating financial settlements in divorce is a long process where parties can be emotionally drained. Hence, careful planning, professional guidance, and negotiations are required to reach an amicable settlement. A solicitor for a financial divorce case like thelondonsolicitors.co.uk understands the process before taking any proactive steps. Proper legal guidance allows each party to achieve a fair settlement and progress. Moreover, solicitors help you to protect your interests throughout the process.
