Divorce Financial Settlement

The court will always consider section 25 (2) (a-h) Matrimonial Causes Act 1973 when determining any financial order to ensure it is fair and meets the needs of the parties which includes: 

(a) the income, earning capacity, property and other financial resources which each of the parties to the marriage 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 in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire; 

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future; 

(c) the standard of living enjoyed by the family before the breakdown of the marriage; 

(d) the age of each party to the marriage and the duration of the marriage; 

(e) any physical or mental disability of either of the parties to the marriage; 

(f) the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family; 

(g) the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it; 

(h) in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. 

Each case is individual and the Court will use discretion in how they deal with finances. When exercising that discretion, they will take into account all the circumstances of the case.

You may be worried about the cost implications of legal matters, which is why we offer up to 30 minutes free initial consultation*. As part of our commitment to a transparent approach to our fees, we will advise on the likely costs at the outset of your case so you know what to expect. We offer a comprehensive fixed fee package for some family matters, but if your case is complex or if you prefer, we will deal with your case using our hourly charging rate.