We strongly recommend that you seek legal advice in relation to financial matters. Please telephone us for further advice. If you would like more information please either telephone or email Carol Toulson on 01376 332582 / carol.toulson@cunningtons.co.uk or Jacqui Kelly on 01376 332583 / jacqui.kelly@cunningtons.co.uk, both of whom will be pleased to help you with any queries or additional information you require.
In divorce proceedings, each party has a financial claim over the income and assets of the other party both now and in the future. The right to make a claim is granted by the Matrimonial Causes Act 1973 and is not dismissed unless you are the Respondent in the divorce proceeding and remarry or your claim is formally dismissed by the Court. This means your spouse's right to make a claim against your income, property and other assets will remain open even after your divorce unless you are the Respondent and remarry or the Court has dismissed the right to make a claim. Most parties wish to deal with the finances during the divorce and then provide for a clean break, dismissing each party's claims. This means each party can move on without the worry that the other spouse may lodge a claim in the future.
If financial matters are agreed, any agreement can be incorporated into a consent order to be lodged at Court after the decree nisi has been pronounced. If financial matters are not agreed an application can be made to the Court. It is , of course, in both parties' interests to come to an amicable settlement. As solicitors this firm can advise as to a fair settlement.
In order to do this the solicitor will need full information as to your and your spouse's financial circumstances. The solicitor will then look at the factors a Court will consider under the Matrimonial Causes Act 1973 and previous cases and advise you accordingly. If finances are an urgent concern, it is possible to make an application for maintenance before the divorce. Please telephone so we can advise you in relation to financial matters.