Financial Provision on Divorce

If you are concerned about the financial matters between you and your spouse following a separation or divorce, our expert team of Family lawyers will offer you specific advice for your particular case as it progresses.

Below you will find more information on the action which can be taken; however we would recommend getting one of our experts on board from an early stage for a fixed fee initial appointment, which is provided at £195.00 plus VAT to ensure you get the outcome you need, at the cost that’s right for you. Full details are on our Powells Pay As You Go – Help with Family Matters page.

The court has very wide powers to sort out the financial matters between people who are separating. Specific advice about your particular case will be given to you as the case progresses.

If you and your spouse are able to agree the financial aspects of the divorce either yourselves, through attending mediation or negotiation through your solicitors then a Court Order can be made by consent and no attendance at Court will be needed. If, however you are not able to reach any agreement can be reached then we can help you make the appropriate application to the Court, prepare are the documentation that the Court will need and appear on your behalf at Court.

The orders the court can make include:

• An order for one party to pay maintenance to the other party (although not usually for the children, maintenance for them is dealt with by the CSA).
• An order for one party to pay a lump sum of money to the other party
• An order altering ownership of property
• An order in respect of a party’s pension
• An order dismissing one party’s claims against the other (“a clean break order”)

When considering how to exercise its powers, the court has to consider all the circumstances of the case, first consideration being given to the welfare of any child of the family who is under the age of 18. Specifically, the court has to look at:

• The income, earning capacity, property and other financial resources of the parties both now and in the foreseeable future
• The parties’ financial needs and obligations
• The standard of living before the breakdown of the marriage
• Any disability of either party
• The contributions of the parties already made or to be made in the foreseeable future, including non-financial contributions such as looking after the home or caring for the family
• The conduct of the parties, but only if in the court’s opinion, it would be wrong to disregard it
• The value of benefits to be lost by a party on the end of the marriage (e.g. a pension)