4. DIVORCE
Divorce is a separate Legal
Procedure to Matrimonial Finances.
Only when you obtain a
Decree Absolute are you divorced.
Only when you obtain a Consent
Order are finances finalised.
5. DIVORCE PETITION
3.Petitioner v Respondent
5.Fact – Irretrievable Breakdown
- 5 Years Separation
- 2 Years Separation
- Desertion
- Adultery
- Behaviour
7. FINANCES
The Options:
• Agreement
• Mediation
• Collaborative Law
• Negotiation via Solicitor
8. FINANCES
The Options:
4. Agreement
- Low Acrimony
- Straightforward Finances
- Ability to Communicate
- Parties on an Equal Footing
9. FINANCES
The Options:
2. Mediation
- What is Mediation?
- What does it cost?
- Who is the Mediator?
- Traps for the unwary
10. FINANCES
The Options:
3. Collaborative Law with
Solicitors
- What does it involve?
- What does it cost?
- The Benefits
11. FINANCES
The Options:
4. Negotiation via Solicitor
- What does it involve?
- What does it cost?
- The Benefits
- The Pitfalls
12. FINANCES
The Options:
5. Court Application
- What is it?
- What does it cost?
- Timescales
- The Benefits
13. FINANCES
2. Where is the law?
• England and Wales on its own
• Capital Orders
- Assets, Liabilities & Property Transfer
4. Pension Orders
- Can be the second biggest asset
14. FINANCES
Factors taken into Account
• Children
• S 25 Factors
• Pre Nuptial Agreements
• Post Nuptial Agreements
The Law is applied to the facts. The Judge has
powers to make what he considers a fair
judgement.
15. FINANCES
Income
• What is a Periodical Payments Order?
• What is a Nominal Maintenance Order?
• What is a Clean Break?
• Earnt Income
• Income Needs