FINANCE & PROPERTY
Finance & Property
If there are issues regarding finances that need to be resolved as part of a divorce or separation, we will advise you accordingly. We are committed to negotiating a settlement for you if at all possible and will work closely with local mediation services to try to resolve matters. In some situations, however, an application to the Court becomes necessary, which we will handle on your behalf in a constructive manner.
What are the factors that the court considers in a Financial Settlement
With financial disputes the law is not prescriptive in terms of divorce or relationship breakdown settlement. It can be viewed as being discretionary, so the outcomes are often uncertain. There are no mathematical tables or charts that the court uses and much does depend on how the Judge decides on the matters presented to the courts. The first consideration is always related to children, especially those that have not reached the age of 18.
There are also many other factors including:
Income, income capacity, property, other financial assets and resources either have or likely to have in the foreseeable future.
The contributions which each party has made to date or is likely to make towards the welfare of the family in the foreseeable future.
The age of each party and the length of the marriage.
The value of any benefit which a party will lose the chance of obtaining by the reasons of the divorce.
The conduct of each of the parties.
Living standards of all parties prior to the marriage or relationship breakdown.
Any physical or mental disability of the divorcing parties.
The Judge in deciding any settlement is driven by the key principle of need, compensation and sharing. The assets acquired during the marriage are treated differently to those assets that are brought into the marriage.
GCA Solicitors has the expertise, knowledge and depth of experience to help you achieve the outcome you seek. Whether it is for family matters such as divorce or separation, domestic violence, children, wills trusts, commercial law and conveyancing we have the expertise to get a satisfactory resolution.REQUEST AN APPOINTMENT