Divorce and Finances
Separating finances after a divorce or dissolution of a civil partnership can be complex and stressful. Our team at DAV Legal can help you reach an agreement or guide you through the financial remedy process if court involvement is needed.
Resolving Matters Out of Court
Many cases are settled through negotiation or mediation. Both parties must provide full financial disclosure, including property values, bank statements, pensions, business interests, debts, and income details. This is usually done using Form E, which allows both parties to work towards a fair outcome.
Court Orders
If agreement isn’t possible, the court can make orders for:
- Lump sum payments
- Sale or transfer of property
- Spousal or child maintenance
- Pension sharing
- Variation of existing orders
- Legal fees or asset protection orders
What Judges Consider
Courts follow section 25 of the Matrimonial Causes Act 1973, focusing first on children’s needs. Other factors include income, earning capacity, property, debts, standard of living, age, length of marriage, health, contributions to the family, and future financial needs.
Mediation Requirement
Before applying, you must usually attend a Mediation Information and Assessment Meeting (MIAM) unless exempt.
The Court Process
- Application – Filed with the court and fee.
- First Appointment – Judge checks disclosure and sets directions.
- Financial Dispute Resolution (FDR) Hearing – A settlement-focused hearing where the judge may indicate views to help negotiations. If no agreement is reached, a final hearing is set.
- Final Hearing – Both parties give evidence and must make an open offer of settlement in advance. Judge makes an order based on the full circumstances.
For clear advice and support on divorce and finances, contact DAV Legal on 01772 382544, email info@davlegal.co.uk or let us contact you by completing our simple enquiry form.