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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35773
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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How are assets divided after divorce? Do I get a chance to

Customer Question

How are assets divided after divorce? Do I get a chance to present my stance to the court in writing? If so would the court then reply? Is the court order final or can I object / appeal?
Submitted: 7 days ago.
Category: Family Law
Expert:  Clare replied 7 days ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 7 days ago.

If you and your ex cannot reach an agreement between you - either by yourselves or using a Family Mediator then it i open to either of you to apply to the court for a Judge to decide the issue.

If that application is made then you are in a process which requires the exchange of detailed financial information. There is still a hope that agreement can be reached - but if not there is a final hearing at which you both give evidence and the Judge makes a decision.

The decision may be appealable if there has been a mistake of law - but not if you just do not like the outcome.

the decision is made based on the S25 factors which are :_

  • The income, earning capacity, property and other resources which each spouse has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity it would be reasonable to expect the spouse to take steps to acquire
  • The financial needs, obligations and responsibilities which each spouse has or is likely to have in the foreseeable future
  • The standard of living enjoyed during the marriage
  • The ages of each of the spouses and the length of the marriage
  • Any physical or mental disability of either spouse
  • The contributions which each spouse has made or is likely to make in the foreseeable future towards the welfare of the family, including any contribution by looking after the home or caring for the family
  • The conduct of each spouse if considered relevant (this relates predominantly to financial misconduct, not adultery or negative behavior by one spouse towards another)
  • The value to each spouse of any benefit they will lose the chance to acquire as a result of the divorce
  • The financial needs of any child
  • The income, earning capacity, property and other resources of any child
  • Any physical or mental disability of any child
  • The manner in which any child was being educated and in which the couple expected the child to be educated or trained

I hope that this is of assistance please ask if you need further details