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Family Law Blog : Finances

Comment on divorce & family law

Married couples, divorce and the family home

Does it matter that the family home is not jointly owned?

When I take a call from someone who is separating or getting a divorce one of the first concerns they have is does it matter that the family home is not jointly owned? Women in particular, who may not have had much involvement in the marital finances, can feel quite…

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Will I lose my family home if we divorce?

I don't want to lose my home

As a family law solicitor for almost 30 years the most common question I am asked when I first speak to a client is “Will I lose my family home?” Clearly this is one of the most pressing concerns for people when it comes to separation and divorce and that…

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Valuing your financial assets when you divorce

Valuation assets on divorce

Divorcing couples often find reaching a financial settlement the most challenging part of the divorce process. And sometimes this is because they really don’t know where to start. Well-meaning advice from friends, misconceptions from the media and personal beliefs of what is ‘right’ and ‘fair’ can get in the way…

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Wyatt v Vince case conclusion confirms need for divorce clean break

Well, the case finally is settled. In court last week, we got a conclusion to the long-running Wyatt v Vince financial award case. You may remember that we blogged on this last year (Vince v Wyatt case shows consent orders are essential). And it is a perfect example of the…

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Divorce mortgages – can they help divorcing couples?

Can divorce mortgages help divorcing couples?

‘Divorce mortgages’ hit the headlines in recent weeks as banks and mortgage lenders put forward ideas for new ways a divorcing couple may be able to borrow money to “buy-out” the other and hold on to the family home themselves. A so called “divorce mortgage” is an innovative idea on…

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State pension changes and the impact on divorce settlements

State pension changes impact on divorce settlements

The current State Pension changes from 6 April 2016 and there will no longer be a basic state pension with additional state pension (ASP) elements, but one single tier flat rate pension payable to a person with 35 years of national insurance contributions. Pensionable ages remain as before (subject to…

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New rules threaten pensions attachment orders made in divorce settlements

Divorce & pensions – new rules threaten pension attachment orders

The radical changes to the rules regarding the use of pension funds to buy annuity policies – described by some as a “pensions revolution” – were at the forefront of the new Governments’ budget announcements in March 2014. Under these new rules, since April 2015 pensioners are no longer as…

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5 questions to ask before agreeing a financial settlement

Divorce financial settlement – 5 key questions

If you are facing the prospect of a divorce or separation one area that is likely to be of considerable concern to you is the financial side of things. In short are you going to be able to manage independently from your ex? So, what are the top 5 financial…

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Pension changes provide greater flexibility for divorcing couples

Piggy bank - new pension rules

As a divorce and family lawyer whenever a new client approaches me for advice on reaching a divorce settlement with their ex I find myself reminding them what a valuable asset a pension is. A pension is often the second most valuable asset anyone will ever hold (next to their…

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Tips on completing a Form E financial disclosure document

Completing a Form E

A Form E is the compulsory document you are required to fill out if you are making a formal application to the court to sort out financial arrangements during a divorce. Whilst the form is daunting at first glance, most people are able to tackle it. I always suggest that…

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Divorce, intestacy rules and the need for a financial agreement

Divorce, intestacy and need for a financial agreement

Getting divorced quickly is often seen as a plus, but not if you fail to sort out the finances as this case study shows. As family law solicitors we deal with people is some very upsetting stages of their life. Divorce itself can be very difficult for many, from an…

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The challenges of divorce for older people

Divorce and the older person

The most recent ONS data on marriage and divorce revealed a fact as divorce lawyers we are all too aware of – divorce is on the up, and the increase is being driven by a rise in divorce amongst older people. Whilst the increase in overall divorce rates might be…

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