When you separate you will likely be concerned about where you will live and how you will divide the assets of the marriage.
The court will give first consideration to the welfare of any children of the family and will consider the resources available and how they can be distributed.
The court will then consider the specific matters to which the court is to have regard called the section 25 factors as follows:
We can help most separating couples to reach an agreement about the financial issues without going to court. If an agreement can be reached it can be incorporated into a court order called a consent order. Once approved by the court the consent order is binding and enforceable.
Where couples are not able to reach agreement it may be necessary to issue financial remedy proceedings, but most of those couples still manage to agree eventually so that the judge does not have to decide the case for them and they can remain in control of the outcome for themselves.
Obtain a mortgage capacity report to consider what you will likely be able to borrow so that you can consider your income and capital needs. A mortgage advisor or independent financial advisor will be able to help you with this.
The family team at Myerson are all members of Resolution, an organisation of family law professionals across England and Wales committed to working in a non-confrontational way and putting the needs of any children first.
Resolution has members who are lawyers, barristers, financial advisers, and family therapists. All members sign up to a Code of Practice which means that we will:
Members of our family team at Myerson have Resolution accredited status which means that they are recognised experts in a particular field of family law.
We work with financial advisers and mediators who are members of Resolution. This means that they also respect the Code of Practice when working to resolve your issues.
There are over 90,000 divorces each year according to the Office of National Statistics.
We understand that dealing with a divorce or separation is a very stressful time. Emotions can run high and the changes can be overwhelming.
The focus of Resolution’s good divorce week is to show separating couples how to manage a split in a non-confrontational and constructive manner putting the best interests of any children first.
Each day this week we will be sharing information about the process of divorce, the alternatives to court and how you can sort out the arrangements for the children, money, and the family home.