Spousal maintenance refers to an amount of money that is paid from one spouse to another during divorce. The payment is made from the spouse with the higher income to support the spouse with the lower income. Whilst spousal maintenance is not always payable, it will be ordered by the…
Following a divorce, it may be appropriate for the party with the higher income to make regular maintenance payments so that their former partner is able to meet their ongoing living costs. This is known as spousal maintenance. There are various types of spousal maintenance which can be implemented, one…
When you get divorced, the financial commitments you and your ex-partner have towards one another are not automatically severed. If you do not have a financial order which includes a clean break clause, your former partner could potentially have rights to property after divorce, even if you make a purchase…
The length of your marriage will have an impact on your divorce settlement. Generally speaking, the longer you are married, the more likely it is that your divorce settlement will be closer to an equal division of your assets. However, it is also important to keep in mind that the…
Understanding your financial responsibilities during a separation is incredibly important. Given the significant change in circumstances that a divorce can represent, there can often be some confusion concerning who is obligated to pay for household bills until the divorce is confirmed. While a divorce application is ongoing, typical household bills,…
Plenty of important arrangements usually need to be made if you are separating from your partner. Finalising what happens if you are splitting up when you own a house can often be among the most challenging. Exactly what will happen if you split up when owning a house will depend…
A Mesher order is a court order that deals with the family home after a divorce. It is essentially an order for a deferred sale, with the property remaining in the couple’s joint names until a trigger event occurs. Taking its name from the family whose case first established the…
If you have divorced, or intend to divorce, you may already be aware of the importance of a consent order. Without an order in place, any financial arrangements you make will not be considered legally binding. While consent orders are vital, sometimes circumstances can quickly change. This means that any…
A breach of a consent order happens when a party fails to comply with the legally binding court order. To address this, the non-breaching party can first try to resolve the issue directly with the other person or by sending a warning letter. If that fails, the next step is…
Knowing where you stand during separation can be very difficult to comprehend, especially where you share children and/or financial assets. One solution to remedy this confusion would be a separation agreement, which outlines the terms and conditions that govern the separation. This includes the division of assets and any financial…
As with many questions in family law, there is no one, simple answer to the question: what am I entitled to in a divorce settlement? Every case is different because the circumstances of each couple is different. Who gets what in a divorce settlement? The starting point for dividing assets…