Finances Addressing the financial issues on divorce is often referred to as seeking a 'financial consent order', 'financial order', 'clean break order' or 'clean break settlement' There may also be immediate considerations such as should one party be paying a monthly amount, interim maintenance or maintenance pending suit, to support their spouse financially whilst the divorce is proceeding through court and a final financial settlement is considered. This is commonly known as spousal maintenance. If you have reached agreement we can usually offer a fixed fee to deal with your Financial Consent Order You will also have to pay a fee to the court, currently £50, so that the Judge will consider and approve your agreement. This will make it legally binding on both of you and enforceable through the courts. call us today for your free initial consultation 01525 40 60 30 email us at firstname.lastname@example.org or ask us a question using our online enquiry form
FINANCIAL ISSUES CAN BE BROKEN DOWN INTO THREE MAIN AREAS.
Capital claims, which means property, savings, investments and any other assets that have a value and can be sold or realised.
Claims on income, which includes income from working but also from investments or other sources such as rental income or a trust fund.
Pension claims, this includes any private pensions and the state pension. Pension providers will calculate a ‘CEV’ cash equivalent value and this is used to consider pensions and whether they should be shared or offset against other assets.
In considering the financial issues the Court will be looking at the financial requirements, or ‘needs’ of the parties and any children both now and in the future. ‘Fairness’, ‘Sharing’ and ‘Equality’ are key concepts but there is unfortunately no set formula or calculation with which to determine an appropriate settlement and no ‘right answer’. Ideally couples will agree a settlement and this will be approved by the court as a Consent Order to make it legally binding on them.
Each case is different and the settlement will be tailored to meet the couple’s needs with the needs of any children taking priority. If there are sufficient assets to be able to effect a 'clean break’ so that there is no ongoing financial obligation to one another then this is desirable and something the court is obliged to consider but often it is not possible and so a detailed analysis of income needs, earning capacity and future financial resources must be undertaken to ensure the outcome is appropriate and as fair as possible in both in the short and longer term. A very helpful guide Sorting out Finances on Divorce has recently been published by the Family Justice Council, a shortened version of which you can download here through the Advice Now website which has lots of useful guides on divorce, separation and financial issues
It is important that any agreement reached on the finances is recorded in a document. For parties who were not married this will be a ‘Separation Agreement’ or ‘Deed of Separation’. For divorcing couples this is a consent order which is approved by a Judge so as to make it legally binding on both of you and enforceable by the court.
If you have an agreement in divorce proceedings we can draft an appropriate consent order to reflect this agreement for a fixed fee so you know the costs from the outset. The fixed fee covers all the work involved in taking your instructions, drafting the order and accompanying documentation required by the Court, arranging for you and your spouse/civil partner to sign the order and compete the relevant parts of the Court documents and lodging these with the Court to be approved by a Judge. You will also need to pay the Court fee for a Judge to consider your consent order and approve the agreement(currently £50).