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Divorce Settlement

Thomas Paine

“Reputation is what men and women think of us. Character is what God and the angels know of us.”

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When a couple divorce, financial claims can be made against each other’s capital assets, pension and income. The McAlister Family Law team is one of the most experienced in the country and as such are able to apply specialist knowledge and expertise in the strategy and conduct of Court proceedings, with the aim of ensuring for you the best divorce settlement in your given circumstances. We have particular expertise in

Divorce Settlement Process options

The team are here here to help you through the difficulties that arise when a relationship breaks down. We offer a range of process options to help arrive at a financial divorce settlement. We will do all that we can not only to avoid confrontation but also to keep costs to a minimum.

Financial Disclosure

Financial disclosure has to be provided by both parties. An overview of what has to be provided can be found in our disclosure checklist document attached. This is essential for a fair outcome in the financial settlement.

Divorce Entitlements

The Court has the power to make financial awards (known as financial remedy orders) using a wide variety of mechanisms including

  • The transfer of property such as the family home or investment property
  • The payment of cash sums in one or more instalments
  • The sharing of pensions
  • The payment of maintenance for a spouse, child or both
Factors that the court take into account when looking at your divorce settlement

To determine the appropriate divorce financial settlement for you, the Court will followcertain specific criteria laid down by statute (the Matrimonial Causes Act 1973 (section 25)) and will take into account

  • The length of your marriage
  • Your age and state of health
  • Your family's standard of living
  • Income, earning capacity, property and financial resources now and in the foreseeable future, both in this jurisdiction and worldwide
  • Financial needs, obligations and responsibilities
  • Contributions made to the family or which will be made in the future (which includes both financial contributions and contributions in other ways, for example by caring for children)
  • The value of benefits that would be lost on divorce (and includes potential future losses and, potentially, compensation)

We will advise you on the range of outcomes that a court might consider appropriate for you and your family and the different ways we can assist you in reaching a financial divorce settlement.

If you already have solicitors, we would suggest that you do seek a second option before entering into a financial divorce settlement.

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For a free, no obligation and informal chat please contact McAlister Family Law today.

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