As a result of Marriage/Civil Partnership, the parties to the relationship are entitled to make various financial claims against the other party to the Marriage/Civil Partnership upon Divorce/Dissolution.
Claims arising from Divorce are set out in the Matrimonial Causes Act 1973. Claims arising from Dissolution are set out in the Civil Partnership Act 2004.
The parties to the marriage or civil partnership have claims against each other for income, capital including pension provision and property. Such claims can be dealt with in various ways. For example, the parties may negotiate directly and reach a satisfactory agreement which can then be put into a Consent Order and simply be approved by the Court. However, this may not always be possible and matters may become acrimonious.
Here, at Tracey Miller Family Law, we aim to settle financial matters between the parties as quickly as possible and hopefully without the need for full Court involvement. Sadly, this is not always achievable and sometimes an application to Court must be made.
Should the Court become involved, it has the power to make various Orders in relation to the income, capital, property and pension provisions of the parties to the Marriage/Civil Partnership. Such Orders include property transfer, pension sharing and spousal maintenance. These powers and Orders are set out in the Acts mentioned above. Under the above Acts, there are set criteria which the Court must consider when dealing with the parties financial claims. However the welfare of any children is always paramount.
The financial claims are very important and will affect how the parties live their lives in the future. Therefore should your Marriage/Civil Partnership breakdown, you should seek expert legal advice regarding your rights arising from such breakdown from an experienced family lawyer.
Tracey Miller, herself, specialises particularly in financial settlements within divorce proceedings and has done so now for 25 years. She deals with cases where the assets can range from thousands to millions of pounds and include properties, businesses and pensions.