Finances

Also known as "Ancillary Relief". The court can make a wide range of orders to deal with the matrimonial assets upon divorce; and can also deal with financial disputes between cohabitees.

In relation to divorcing couples the main Orders are as follows:

 Spouse maintenance or periodical payments

 Lump sum

 Property adjustments orders

 Pension orders

When considering financial matters, the Court has a very wide discretion as to the Orders it can make. The first consideration of the Court will be to any dependent children of the family and to ensure they are housed. The Court will also consider a number of other factors which include the ages of both parties, the earnings, and the earning capacity, of both parties; the health of the parties and any children; financial resources of both parties and so on. By doing this, the Court will endeavour to make an Order which is fair and reasonable in all the circumstances.

Because everyone's finances and home circumstances are different, this is a particularly complex area of the law. As such we would always strongly advise anyone faced with resolving these issues to take independent legal advice. Our team of family lawyers at Foster Wells will always be able to assist you. Our experience in dealing with such matters ranges from clients who need assistance in dealing with local authority housing and benefits upon divorce; to those with numerous assets including businesses.