The starting point is an equal division of assets and the first consideration is given to a child of the family who is below the age of 18. The court will then consider the following list of factors set out in s25 of the Matrimonial Causes Act 1973 and may order an unequal division. These are as follows:
a) The income and earning capacity of each party, the property they own and other financial resources they each have;
b) Each party’s financial needs, obligations and liabilities;
c) The standard of living enjoyed during the marriage;
d) The length of the marriage and the ages of the parties;
e) Any physical or mental disability either party suffers from;
f) Contributions made by each of the parties to the marriage both financially and otherwise;
g) Any behaviour by either of the parties that is so serious that it cannot be ignored by the Judge; and
h) The value of any benefit which either of the parties will lose the opportunity of acquiring as a result of divorce, such as pension and insurance benefits.
There are a number of provisions you can consider applying for, when seeking a financial remedy. These are:
- Lump sum order
- Maintenance order
- Property adjustment order
- Pension orders
Please call us Hattin Solicitors so we can consider the merits of your case and advise you accordingly.