Hi, thank you for your question. Specifically in response to your questions:
-If she does not negotiate you will need to pursue a court application under Form A, after you have attended a mediation information session
-The finances will be what they are at the time of the Form E financial disclosure being issued, and also to be reviewed at the final hearing, if it goes that far
-As part of the negotiations or court application you both will need to exchange full and frank financial disclosure
-If you came into money now, for example through inheritance, this is not an automatic matrimonial asset, therefore would not be available for division if you can show that the matrimonial assets will meet the needs of both of you and the children - if needs are not met then the court has the power to bring the inheritance into consideration.
For your information the criteria considered by the court in these matters is:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage 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 in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage 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 party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you