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The approach of the Family Court to Financial Issues

30 July 2019

Sharon McKie

family court

With regard to financial arrangements between you and your spouse, the Court takes certain matters into account when considering what orders should be made. The Court considers all the circumstances of the case, gives first consideration to the welfare of any children under the age of 18 and in particular the following matters:

1.The income, earning capacity, property and other financial resources which each spouse has or is likely to have in the foreseeable future including, in the case of earning capacity, any increase in that capacity which it would be, in the opinion of the Court, reasonable to expect a person to take steps to acquire.

2.The financial needs, obligations and responsibilities, which each spouse has or is likely to have in the foreseeable future.

3.The standard of living enjoyed by the family before the breakdown of the marriage.

4.The age of each spouse and the duration of the marriage.

5.Any physical or mental disability of each spouse.

6.The contributions which each spouse has made or is likely to make in the foreseeable future for the welfare of the family, including any contribution by looking after the home or caring for the family.

7.The conduct of each spouse, if that conduct is such that it would be in the opinion of the Court inequitable to disregard.

8.The value to each spouse of any benefit to one spouse because of the divorce will lose the chance of acquiring (most usually pension provision).

The overriding factor in most cases is the reasonable needs of the parties. The Court expect every party to have carefully considered their position and arrive at a sensible and realistic view regarding the range of outcomes. There is an ongoing duty of financial disclosure and to be reasonable and to try and settle the case wherever possible.

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