07th December 2017
Financial remedy dispute
I am in a financial remedy dispute. What are the things that a court will take into account?
First, whether in mediation or financial negotiations with your representatives, or the court, these aspects will all be applied.
The court must have regard to all the circumstances of the case and in doing so, must give first consideration to the welfare of any child under 18, so for example their housing needs and their day to day income needs. It has a checklist that it must apply:
- Financial resources, income and capital, now and in the foreseeable future — the bed rock to this is full financial exchange
- Financial needs, housing and other capital needs and this involves consideration of lists of expenditures and how we are going to cater for those expenditures
- The standard of living enjoyed by both of you during the marriage, the age of each of you, the duration of the marriage (including living together in the relationship prior to marriage)
- The physical or mental disability of either of you
- Contributions, although a point to note here is that there is no discrimination between the homemaker and the breadwinner, but for example, if one person has introduced a significant amount of capital at the outset, or inherited assets during the marriage, this may be treated on a different footing
- Conduct of each of you — this is extremely bad behaviour and it is quite rare for this to be taken into account
- The loss of benefits which either of you would have acquired were it not for the divorce, for example loss of widow’s pension benefits
- The court is obliged to consider whether it is appropriate to end the financial provision arrangements between you now, or at a significant date or event — it could decide to impose a clean break or a dismissal of future claims between you.
Please contact our specialist family law team, to discuss this issue, or any other issue of family law or relationship breakdown.
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