Financial Issues on Divorce or Civil Partnership Dissolution

September 27, 2016

Financial Issues On Divorce Or Civil Partnership Dissolution


Financial Issues On Divorce Or Civil Partnership Dissolution

There are no rules in English law which prescribe any mathematical formula for division of assets or amount of maintenance a spouse or civil partner needs to pay to the other in case of divorce or same-sex civil partnership dissolution. While the court has the discretion on financial decision, it is guided by various factors:

  • First consideration is given to the welfare of any children under 18.
  • All the circumstances of the case are considered.
  • Whether a clean break without ongoing maintenance would be appropriate.
  • Outcome is fair and in most cases this implies equality.

The law has listed items that the court requires for taking into account as part of all the situations of the divorce.

The list includes income, property, earning capacity and other financial resources that each spouse or civil partner has or will have in the foreseeable future including earning capacity and any reasonable possible increase in it. So it is not correct for anyone to say that he or she has no income because he or she is not working in case there is no reason for not doing so.

Financial Needs

Financial needs are inclusive of obligations and responsibilities that each spouse or civil partner has or will likely have in the foreseeable future.

Standards of Living

The standard of living of the family before the breakdown of marriage or civil partnership is considered. In cases where maintenance is payable, the budget for food, holidays and leisure activities varies depending on the previously enjoyed standard of living.

Ages of the Parties and Duration of the Marriage or Civil Partnership
The ages of each spouse or civil partner is taken by the court into account. In comparison to older people, younger people are more capable of building up their own career and pension provision.

What is also relevant is the duration of the marriage or civil partnership. In majority of cases, where there has been long marriage or civil partnership, the court looks less on contributions of the parties or the situation at the day of the wedding or civil partnership registration. It looks more towards an equal division of assets.

The courts take the entire period of cohabitation into account as is the case for married couples as same-sex couples have only been able for registering a civil partnership since 2005, but they may have been living together for much more time before 2005 where the transition from cohabitation to marriage has been seamless. Couples can always take help from any good divorce service in Bournemouth in these cases. An effective and experienced divorce service in Bournemouth can also guide same-sex couples through the process effectively.

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