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…
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…
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…
A judge rarely rejects a consent order, but it happens most often when the order is unfair, lacks full financial disclosure, or is poorly drafted. Rejection is uncommon if parties have legal advice and the agreement is fair and comprehensive, but judges will send them back for changes if they…
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…
Since April 2022, “no-fault” divorce laws in England and Wales mean adultery is no longer a legal ground for divorce, and you cannot cite it to prove irretrievable breakdown. Adultery generally does not affect financial settlements or child custody, unless marital assets were significantly wasted on an affair. Despite this…
Whilst the law for divorce is becoming much clearer in offering no fault divorce from 6th April 2022, the financial implications of divorce still remain a complex area of law to navigate. And given the ease with which a couple will be able to apply for a divorce under the…
A recent case in the family courts has highlighted how unwilling some people can be to reach a compromise and demonstrates the enormous costs of not doing so. In the case of Crowther v Crowther & Ors costs, amounting to £2.3m, far exceeded the financial benefits achieved in the settlement….
Unmarried couples who are separating do not have the same rights and options as married couples when it comes to supporting children on separation. One partner may be faced with the prospect of being made homeless if the property they live in is registered solely in the name of their…
All farmers know that life is stressful and that there is rarely enough time or money to achieve all you want. Add that to the everyday stresses of married life and supporting a family, and it is no surprise that farming families can be susceptible to divorce. Why are farming…
