Divorce Lawyers

The Matrimonial Causes Act 1973 is the main source of UKdivorce law, which deals with divorce proceedings, maintenance awards, declarationsabout the invalidity of certain types of marriage and matters such as Britishnationality requirements. The Act may be amended from time to time, to takeinto account the recommendations of the Law Commission. This act may also beapplied to civil partnerships between same-sex couples.

One of the most important parts (Section 25) of theMatrimonial Causes Act concerns the dividing up of the matrimonial assets in adivorce case before the court, with respect given firstly to the needs of anychildren of the marriage. Indeed, the needs of any children under the age ofeighteen may outweigh any other financial considerations. The courts willconsider:

·        The financial needs of the child

·        Any income, property and financial assetsbelonging to the child

·        Whether the child suffers from any mental orphysical disability

·        The standard of living enjoyed by the childwithin the family, and the expectations the family had of their futureeducation or training

In deciding a divorce settlement (ancillary relief), theremay be considerable disagreement between the parties concerning financialmatters. In deciding an outcome, the court takes into account the relevant issues,such as:

·        The present income, future earning capacity,property and any other financial assets  of both partners

·        The financial needs and obligations of thepartners, at present and in the foreseeable future

·        The standard of living enjoyed by the family,prior to the divorce

·        The age of each partner, and also the length oftime they had been married or in a civil partnership

·        Whether either partner suffers from a mental orphysical disability that could need extra financial consideration

·        The contributions made by both parties to theupkeep of the family. This includes financial contributions as well asnon-financial contributions, such as caring for the home and children

·        A value to the marriage, which a divorce maytake away. For example the right to a future share of the other partner's pension

Cheap divorce solicitors will be able to explain the currentapplication of Section 25 to you, concerning the financial arrangements of your divorce (or dissolution for same-sex couples). A family solicitorcan give expert legal advice on the course of action that will best protectyour interests, throughout the process of obtaining a divorce settlement.

One Response

1. Find a Lawyer on February 4, 2012:
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