Finances

When the court decides how to divide the finances of separating spouses, it will look at all the circumstances of the case.

The court will generally share everything earned during the marriage equally between the parties. The court may depart from this starting point if, for example, one of you has made an overwhelming contribution or if the other has engaged in “wanton and reckless” spending.

Where this sharing is not enough to meet your needs, the court may redistribute assets or make orders for maintenance so that you can support yourself. When examining needs, the court will look at them generously and will have regard to the standard of living during the course of your marriage. The court understands that there is a difference between what you need to survive and what you might need to carry on your usual lifestyle.

The court will always treat the needs of children as paramount. The court will ensure that they are well-housed and that their lifestyle doesn’t suffer unnecessarily. Orders can also be made relating to child maintenance and school fees. The exact nature of the order made will depend hugely on the circumstances of your family, but at the very least, the court will try to meet the needs of you and your children.

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