Harold G Walker

Harold G Walker Solicitors

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How Family Law Considers Remedies?

 

Matrimonial property CPRE-NUPTIAL AGREEMENTS – A PRACTICAL GUIDE ohabitee disputes, Property rights and separation, Divorce Solicitor, Family and Relationships Legal Advisors Christchurch Rob Price, Family Law solicitors, Divorce lawyer, Matrimonial finances and divorce
PART 1: RESOURCES AND EARNING CAPACITY

 

This area of law is about overall fairness based first and foremost on your respective financial needs. Doing the next right thing so that you can both move on with your lives. The courts consider a number of factors, to be found in Section 25 of the Matrimonial Causes Act 1973.

To avoid court for both of you, which is expensive, stressful, and fraught with delay, I am preparing a series of articles to summarise all of those factors that the court takes into account for you, so that you can get solicitors to keep negotiations out of the court arena and leading to a formal order of the court without stepping foot in it at all.

 

Respective incomes.

We take a good look at your respective incomes and also the future earnings potential too, from qualifications, experience, the opportunity of any to retrain if possible, or the limits as a result of full-time or part-time childcare. What are the realistic income needs and what is the potential, if any, of additional earning respectively? Is one of you refusing to work or playing down income to frustrate needs of the other?

All of this may have a significant bearing on capacity and need for at least a short term maintenance payment for you to get back on your feet, or from the other point of view, imposing a fair limitation of maintenance rather than a lifetime noose.

 

State benefits.

Consider and enquire whether you may be eligible and if so whether this will help to get you back on your feet and back into the workplace, or boost your existing income.

 

Are you cohabiting with a new partner?

This may or may not have an impact on your future income needs. After all, there is relatively much less security for you in these circumstances, because you can’t rely on your partner staying to help your existing income needs and there is no redress for you in these circumstances.

 

Future asset prospects?

Are either of you due a gratuity? Inheritance? The relevance of this is important to note as, clearly, you may be on a much stronger financial footing in the foreseeable future, and this may have a bearing on your share of the marriage assets. However, don’t be alarmed if you’re a beneficiary of a will of someone who is very much alive because a will can be changed so this is not relevant.

You will gradually get the mindset of all this because you will start thinking about the best ways for the whole pot to be split by, perhaps, offsetting. There are many solutions, as this and the vast remainder of these articles attempt to testify.

 

 

To explore your options further and receive personalised legal guidance, don’t hesitate to get in touch with Rob Price, Associate, and Family Law Solicitor. You can reach Rob at 01202 482202 or via email at enquiries@hgwalker.co.uk. Alternatively, you can fill out our contact form for a Free 30-minute Consultation here.