Family Court Powers in Divorce

What Powers Do Family Courts Have in Financial Settlements?

Family courts in England and Wales have extensive powers to ensure a fair financial settlement during divorce. These powers allow judges to issue a range of financial remedy orders tailored to the specific needs of each case.

Key Financial Orders the Court Can Make

Property adjustment orders – An order allowing the court to redistributing the parties’ property between them, for example, by ordering the sale of the family home 

Pension orders – An order allocating a share of a party’s pension to their spouse 

Lump sum orders – An order requiring one party to pay a lump sum to the other 

Maintenance orders – An order requiring one party to make regular payments to the other, either in the form of spousal maintenance, or child maintenance 

How Does the Court Decide Which Orders to Make?

The court considers several factors under Section 25 of the Matrimonial Causes Act 1973, including:

• Income, earning capacity, and financial resources
• Financial needs and obligations
• Standard of living during the marriage
• Age and health of both parties
• Contributions to the marriage (financial and non-financial)
• Welfare of any children

The court’s goal is to achieve a fair outcome, guided by three principles:

• Needs: Ensuring both parties can meet their future needs
• Sharing: Treating marriage as a partnership of equals
• Compensation: Recognising sacrifices made during the marriage (e.g., career breaks for childcare)

Need Expert Advice?

If you are considering or going through a divorce and are concerned about the orders the court might make, contact Vardags today for a free initial consultation with one of our expert divorce solicitors. 

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