For divorce lawyers, encountering people trying to hide assets that form part of the matrimonial pot is nothing new. What is new is the in which parties may try and achieve this. In divorce proceedings the courts of England and Wales take a pretty robust approach and require that both parties provide a full and frank picture of their respective financial circumstances.
A spousal maintenance payment is a payment made by one party to a marriage or Civil Partnership to the other party. The legal term for such maintenance payments are “periodical payments” and the court can make what is called a periodical payments order in favour of one party.
As Resolution family lawyers, we are always encouraging our clients to try and be reasonable, to be willing to compromise, and to keep their case in proportion. “Don’t let the lawyers be the ones who get all the money” is a phrase we hear ourselves saying time and time again. But despite our (or their) best efforts, there are always going to be cases that don’t settle easily. The ones where the person on the other side just will not be reasonable, will not negotiate, or has such unrealistic expectations of what the outcome should be, that we are going to need help getting to a conclusion.
As new terms started recently many students will have thought long and hard about the likely costs of going to university. In a BBC article a few months ago the average student debt was calculated to be an eye watering £57,000. Having had a full grant and a job in the university cafeteria it was a less of a worry when I was studying law but now it’s a serious burden that children and parents must think about.
There is no one answer to the question: what am I entitled to in a divorce settlement? Every case is different because the circumstances of every couple are different.
The Money Advice Service (MAS) offers a divorce settlement calculator but it does make a lot of assumptions and we would urge extreme caution if using a tool like this. In short, don’t get your hopes up or, conversely, get disheartened, if you do get a figure tumble out of the bottom after entering your details.