It was somewhat eerie walking through town today on my way to the Stowe Family Law office in Leeds. The usual packed streets of the city centre resembled a ghost town! It is Christmas Eve however, and I am very much looking forward to spending tomorrow with my loved ones. The streets are empty, but my desk is not! I have many tasks to complete before I leave Stowe Family Law LLP for the Christmas break!
My day is starting with an Attendance Note from a conference I took note in last week. The conference was very informative and I must now compile the all of the relevant information into a document, which can be reviewed on a later date.
Much of my note is focused on the Financial Orders made available upon divorce. Once a marriage has irretrievably broken down, and consent to divorce is given by both parties, the most contentious issue is how they can achieve a financial settlement. This can be a quarrelsome issue as if one party feels as though they have been wronged they sometimes take the view that it entitles them to a substantially bigger share of the matrimonial assets. This is just one of the many reasons ancillary relief proceedings can be extremely difficult however. The Courts (unfortunately for the wrong party) do not deal with the emotional fall outs within the relationship; instead they deal solely with the finances, using factors listed in s25 of the Matrimonial Causes Act to guide them on the appropriate Order to be made. I think it necessary that I now tell you what Orders are available!
|The Court has the power to make the following Orders with regard to the finances:
The orders are not mutually exclusive, and the court can make the whole range of orders in any one case. The starting point for the division of the matrimonial assets is 50/50 but, in some cases, the Court will consider whether there should be a departure from equality taking into account factors listed under Section 25 of the Matrimonial Causes Act 1973. These include:
Each case is thus heard of a case-by-case basis. The facts with regard to finances are different in every case, and thus different Orders are appropriate for each case. The Court’s primary aim is to provide a fair settlement, one which ultimately caters for both parties’ needs.
I am now going to get on with my work… otherwise I fear Santa may be leaving coal for me this year.
Merry Christmas to all, from the trainee solicitors and paralegals at Stowe Family Law!