Money Issues

Once either you or your husband/wife have applied to the Court for a divorce or judicial separation, then the Court can make orders in relation to any or all of the following:-

• Maintenance payments to a husband or wife.
• Transfer of property from one party to the other.
• Ordering the sale of property and the division of the proceeds of that sale.
• Transfer of lump sums of money and other assets.
• Pension sharing.

Either the husband or the wife can make an application for ancillary relief. If you are the petitioner in the proceedings (i.e. if you have initiated the divorce or judicial separation proceedings) you will usually make an application on your initial petition. However, if you wish to proceed with the financial claims then you must file another form called a Form A with the Court. If you are the respondent in the divorce or judicial separation proceedings, then you may also make an application on Form A for financial orders.

Once an application has been made to the Court for ancillary relief, a strict timetable will be put in place. The Court will give directions as to what financial information is required and will also set a date for a First Appointment to ensure adequate disclosure of each party’s financial situation has been or will be made. A date will then be usually be scheduled for a Financial Dispute Resolution Appointment when consideration will be given as to whether the matter can be settled without the need for a full blown trial.

The Courts have prescribed forms which must be completed by each party. If a party fails to provide the Court with required documentation within the timeframe set by the Court, it can make an order to penalise that person for failing to provide the information usually by way of a costs order.

The basis on which the Court will decide what financial orders should be made is set out in Section 25 of the Matrimonial Causes Act. The first consideration will always be given to the needs and welfare of any children aged under 18 years, thereafter the Court will consider the following:-

• The income, earning capacity, property and other financial resources of that each party to the marriage has at present or may be likely to have in the foreseeable future.
• The financial needs, obligations and responsibilities that each party to the marriage has at present or is likely to have in the foreseeable future.
• The standard of living enjoyed by the family prior to the marriage breakdown.
• The age of both the husband and the wife and the length of the marriage.
• The mental or physical disability of either the husband or the wife.
• The contributions made by the husband or wife to date or contributions likely to made in the foreseeable future, towards the welfare of the family, including contributions made for caring for a family member.
• The conduct of either the husband or the wife in relation to their conduct in the proceedings.

The Court will also consider if it is appropriate to terminate each of the party’s financial duties to the other, known as making a Clean Break order, the Court will therefore consider the length of time any order for maintenance should last.

For issues relating to matenance please see Child Maintenance and Support.

A lot of financial information is required from both the husband and the wife. Each party is obliged to complete comprehensive details of their respective financial position in a Form E. The detailed information is needed by the Court to determine what financial orders should be made in respect of the particular family. It is also imperative that the husband and wife’s respective legal advisors have a clear understanding of the family’s financial position in order to advise in relation to any settlement.

As members of Resolution, we at Crisp & Co are committed to adopting an amicable and constructive approach to resolving both financial and other issues following marriage breakdown. It is often possible and preferable to engage in a voluntary process governing both disclosure and negotiation. Whilst you will be advised throughout, often this approach suits families better as well as saving costs.

At any stage in the ancillary relief proceedings, a party may make an offer to settle the matter. If a settlement can be reached, it will be set out in a Consent Order which the Court will consider and usually approve. The vast majority of cases will be settled regardless of whether ancillary relief proceedings have commenced.

Alternatively, some of our clients prefer to explore Mediation or a Collaborative Law approach, we have staff who are expert in both these fields. Please refer to our section on Collaborative Law in this regard.

Unfortunately there is no straightforward answer to this question. The costs will be determined by the length of time it takes to reach agreement both in respect of the divorce and the division of the family finances. If there is no agreement reached then the matter will be settled by the court and this may become expensive.

Our costs are determined on an hourly rate, which you will be advised of at your first appointment at Crisp & Co.

We provide all our clients with a cost estimate in writing at the outset of their case and are committed to keeping clients fully updated in this regard.

At Crisp & Co we are committed to the belief that everyone should have access to good legal advice. We can negotiate on your behalf to obtain sufficient income to help you meet your needs until a financial settlement is reached. We can also put you in touch with financial agencies who may be able to help you.

Get in contact with us at Crisp & Co to book an appointment. We have offices in Guildford and Kingston upon Thames.

• Contact Us

• We will need to know the following information from you:-
• Your marital status, the date of your marriage and the date of any separation.
• The full names and dates of birth of your children.
• Your nationality and country of residence.
• The nationality of your husband/wife and their country of residence.
• Details of your income and that of any other member of your household.
• Details of property, assets, investments and pensions held either in your own name or in the joint names of yourself and your husband/wife.
• Details of any mortgages or other liabilities in either your own name or in the joint names of you and your husband/wife.

Do not worry if you cannot provide all the information listed above at the first appointment, any missing information can always be obtained at a later date. However, the more information you can provide us with the quicker we will be able to advise you in respect of your particular situation.