When a relationship breaks down, you need clear, practical and cost-effective advice so that you can start to plan your future.
Our experienced Family Law team is fully accustomed to advising both male and female partners.
The questions that we are frequently asked include:
- Where will I live?
- Can I stay in my home?
- Do I have to share what I already had before the relationship?
- How much money will I have to live on?
- Do I have to pay maintenance?
- Do I have to obtain employment?
- Who is responsible for the mortgage?
- Can my spouse/partner claim a share of my inheritance?
- What will happen to my pension?
Thomas Dunton’s experienced team are fully accustomed to answering such questions. Answers generally depend on individual circumstances, the but the following may be of use to you:
The Legal Basics
Finance, Property and Pensions
The division of assets, including possessions, property, pensions, and future inheritance are very important parts of the divorce settlement.
Where possible, we would encourage both parties, having first taken independent legal advice, to try to reach an agreement between themselves, using mediation if necessary. However, specialist legal advice about your rights and responsibilities can help to ensure you obtain adequate protection whatever the future may hold.
If a negotiated agreement cannot be reached, court proceedings will be necessary to define entitlements and obligations. The court will consider all assets of the marriage and other factors, including for example the length of the marriage, age and health of the parties, children and the earning capacity of each party and others.
Maintenance for wife/husband and children
If you have been financially dependent on your wife or husband you may be eligible for maintenance from them. The court would consider the income and outgoings of both parties and then make an Order.
If you are earning an income and not living with your child you may have to pay child maintenance. Factors influencing the amount include your net income, the number of children and how many nights they stay with you.
You can also obtain further information about child maintenance from the CSA website.
A pension may be the largest asset of the marriage. Pensions can be a very complicated area of family law requiring specialist advice in order to ensure maximum protection for the future.
Our experienced family team has years of experience in advising clients on the pensions aspect of divorce and complicated financial settlements.