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Equality Principle in Financial Matters

I have heard that there is a yardstick of equality principle in financial matters. How does this work?

In reaching a decision about financial matters, a yardstick rule of equality will be considered — so if there is to be an unequal division of assets then there must be a good reason.

But in the vast majority of cases, equality is not the appropriate outcome.

Children’s housing needs may swing the balance. There may have been assets inherited by one person in the marriage and in circumstances where needs are met by matrimonial assets which have been acquired by the parties, then the inherited assets should be retained by the relevant party. There may have been a larger capital input by one at the start of the marriage and fairness is an important indicator. The length of the marriage, and the timing of receipt of the funds and the way that the funds have been treated from receipt have a bearing on the court’s consideration.

The interpretation of all of these factors is a complex jobour experts have many years’ experience in order to present your case to improve outcome.

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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