Meet Our Specialists
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.
We understand that going through a divorce can be an emotional and difficult time. Our expert family law solicitors can help you through this process and give you expert legal advice, to ensure you get the best outcome for you and your family.
When a court considers resolution of financial issues, the starting point is usually an equal division of the capital assets of the marriage. Consideration will be given to a number of factors under section 25 of the Matrimonial Causes Act 1973, which may justify a departure from equality.
The court will consider whether it is possible to achieve a "clean break" financial settlement, which will prevent either party from making any further future financial claim against the other.
The most important and paramount consideration is the welfare of any child of the family under the age of 18. The needs of any child will be considered, especially when it comes to providing suitable accommodation for the child/ren and primary carer.
In practice, this means that the appropriate outcome will be one which balances the financial needs of each parent, whilst at the same time making appropriate arrangements for the children’s financial needs.
The court will consider several factors including:
A spouse will not be penalised for remaining in the home and looking after the children whilst the other spouse goes out to work. The court will treat a spouse's contribution to the family and home life as equal, albeit that one spouse's contribution was an economic and the other a homemaking contribution.
Sometimes, it is not practical for the parties to achieve financial independence immediately, and in those cases, it may be appropriate for there to be a maintenance order in favour of the spouse. Even a short marriage may create financial dependence.
The court has wide-ranging powers to order:
The court will adopt a different approach to "matrimonial" assets and "non-matrimonial" assets. Matrimonial assets mean assets built up by the parties during the marriage, such as the family home. Matrimonial assets are generally divided to meet the reasonable needs of the parties.
"Non-matrimonial" assets are assets built up prior to or subsequent to the breakdown of the marriage, or assets acquired through an independent source. This could include:
These assets may not be shared between the two parties, save to achieve a fair outcome. The courts retain a wide discretion to treat each case differently, depending on the facts.
At Myerson, we work extensively for business owners or their spouses in arranging the valuation of business assets to determine liquidity or to determine the extent to which a party can provide income to meet future maintenance payments.
Our expert family solicitors have significant experience of working for those whose assets comprise commercial and residential property portfolios or inherited wealth. Our family lawyers work closely with other in-house private client, commercial property and corporate lawyers to make sure our clients receive a bespoke service to protect their interests.
We understand the stress caused when relationships break down. We work hard to build close relationships with the best forensic accountants, tax specialists, pension actuaries and independent financial advisers to assist the client to get the right information and help them rebuild their family's future.
We act with integrity. We do not fee build at the client’s expense. We provide experienced personal and commercial advice to ensure the client achieves the right outcome.
If you would like to talk to us, in confidence, about how we can help, please call us on 0161 941 4000, or contact us online.
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.