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Oct 12, 2023 · What a wife will get as a divorce settlement depends on the section 25 factors. In the UK there is no statutory formula to say that the wife gets the family home or the husband keeps his pension or business.
- Section 25 of The Matrimonial Causes Act 1973
- Equality
- The Overriding Objective
- The Parameters
When deciding what Orders to make, the Court has a very wide discretion. By Section 25 of the Matrimonial Causes Act 1973, all the circumstances of the particular case must be taken into account and first consideration must be given to the welfare of any minor child of the family who has not attained the age of 18. Section 25 directs the Court to h...
In October 2000, the House of Lords delivered a very important judgment in a case involving “big money”, called White vs White. In that judgment, the House of Lords said that:- 1. In seeking to achieve a fair outcome, there was no place for discrimination between husband and wife and their respective roles; 1. The Court's aim should be to achieve a...
The ancillary relief rules are a procedural code with the overriding objective of enabling the Court to deal with cases justly. Dealing with a case justly includes, so far as is practicable:- 1. Ensuring that the parties are on an equal footing; 2. Saving expense; 3. Dealing with the case in ways which are proportionate:- 3.1. to the amount of mone...
The factors that directly impact the shape of the order that a court is likely to make (if an agreement cannot be negotiated) include: The length of the marriage 1. Co-habitation versus marriage 2. Co-habitaion before marriage Income 1. Earning capacity 2. Ability to work / illness 3. Support whilst re-training The needs of each party 1. What is re...
How to work out splitting up money, property and possessions when you divorce or dissolve a civil partnership - including mediation.
If you’re thinking about getting divorced or dissolving a civil partnership, our calculator can give you an idea of your financial situation before a potential divorce settlement. It’ll also help you work out what you have, what you owe and how you might split assets and finances.
Feb 16, 2024 · In this blog, our family law solicitors answer your questions on whether you will get half in a divorce financial settlement and explain why some people may end up with more or less than half. For expert family law advice call our team or complete our online enquiry form.
Divorce Calculator. When you get divorced in England and Wales you need to agree on a fair financial settlement: What happens to the home? Who will stay in it? Will it be sold? How will the equity be divided? How will pensions be treated? Will they be shared? How will savings and investments be divided?
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This guide focuses on the most typical financial situation on divorce: where the resources available (that is all of the couples income, savings, investments, property and pensions) do not exceed what each partner ^needs _ following their separation.
