In the course of divorce, Judges have a wide discretion to redistribute income and assets to produce a fair result. There is no magic formula involved although certain factors must be taken into account. Each case is different and will be judged on its own individual facts. We cannot predict exactly what would be awarded but we can advise you what type of settlement to expect within certain limits.
We always attempt to agree a settlement, rather than proceeding to a contested Court hearing where a decision is imposed upon the parties by a Judge. An agreed settlement is often quicker and will usually resolve a dispute more amicably. Furthermore, the legal costs involved in a negotiated settlement rather than a contested Court hearing will probably be less. If a satisfactory settlement is not possible though, we would advise issuing an application which ultimately could go before a Judge to be decided.
Set out below are types of orders a Court has the power to make and what a Judge must consider when making such orders. This page is meant as a guide only, so please feel free to as us any questions.
Orders The Court Can Make
The legal orders available are as follows.
– Maintenance pending suit: Maintenance for a spouse/civil partner to tide him/her over during the proceedings. It stops once the divorce/dissolution is concluded.
– Periodical Payments: This is maintenance for an ex-spouse/civil partner which will commence after divorce/dissolution. It can be open-ended or limited in time.
– Secured Periodical Payments: These are maintenance payments which are secured against property or assets to ensure payment. This is a rare type of order, but will be considered in exceptional circumstances.
– Lump Sum Order: This is a payment of a lump sum of money from one spouse/civil partner to the other. There is no limit on the amount that can be awarded and it can be ordered to be paid by instalments.
– Property Orders: Various orders redistributing interests in property (usually the home) can be made. These include a transfer of property from on spouse/civil partner to the other and a sale of the property which, if ordered, would include a direction on how the proceeds are to be divided.
– Pension Orders: The Court can order pension sharing or earmark part of the spouse/civil partner’s Pension Scheme for the benefit of the other spouse/civil partner.
– Variation of Settlement Order: This gives the Courts power to vary settlements or trusts that have been set up in favour of one spouse/civil partner. This is a rare type of order.
If you have questions about your situation or options, please use the button below or call on 01685 886 611.