Financial Settlements Solicitors in Bournemouth

This depends on whether you can come to an agreement with regards to settlement. If so, your solicitor will draft a Consent Order setting out the terms of the agreement, which is then sent to the court to be approved by a District Judge. If you cannot agree then you may need to decide for you as to how finances are to be dealt with.

The following criteria is considered:

1. the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. the standard of living enjoyed by the family before the breakdown of the marriage;
4. the age of each party to the marriage and the duration of the marriage;
5. any physical or mental disability of either of the parties to the marriage;
6. the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

When deciding how a property is to be dealt with in a financial settlement, the court will consider all the relevant facts. The welfare of any dependent children is the Court’s main concern. There are many options relating to property, such as an immediate sale, a delayed sale until the children leave school, or an outright transfer to one spouse depending on what other assets there may be. For example, this can include setting property off against pension provision Our family solicitor can advise of the best course of action in your individual case.

There is never a straightforward answer to this question. If you agree easily then it can be relatively quick. If there is a dispute, then it takes time to negotiate to a peaceful conclusion. We can support you every step of the way and give you advice to keep the process moving.