At Sweeney Miller Law, we take some time away from the office during the festive period to relax and unwind, but we understand that many couples struggle during this time. The social and financial pressures at this time of year put a strain on some relationships and solidifies that the marriage has unfortunately broken down.
We are ready to take new enquiries and arrange face to face consultations in the New Year and by 6 April 2022 couples will be able to legally separate from their partner on the basis of a “nonfault” ground. Currently, couples are required to use one of the five grounds, and rely on periods of separation of two years by consent, five years without consent, desertion, or the more commonly used grounds of unreasonable behaviour or adultery. Although the ground of adultery is outdated due to this not applying to same sex couples. The new legislation means that couples can legally separate without the possibility of the other spouse contesting the divorce or the ongoing battle of who has been unreasonable and the cause of the breakdown.
We are however concerned about the implication this has on the costs of divorce and separation. Currently, the court can award that the person responsible for the divorce has to pay the applicant’s costs. If there is no “blame game” in divorce and separation, there is no opportunity for the aggrieved spouse to have their costs paid. We would strongly suggest that you seek legal advice prior to starting the divorce or separation process before agreeing to the divorce as you need to consider the costs and potential financial settlement.
In relation to the financial settlement, the court will look at what assets both parties have at the time of the marital breakdown such as property, cash, investments, pensions, and any potential finances available in the future.
Studies have shown that, often, women have less accumulated pension wealth than their husbands, potentially due to taking time out of work to raise the children, or as a result of the gender pay gap. After the marital home has been considered, pensions are the next most valuation asset on divorce and they are often overlooked. It is important that separating couples consider their future financial planning and the starting point is to consider what financial assets and income you have between you, then what you will each need in the future and how those needs will be met.
Each case is fact dependent, however the starting point is an equal division of assets. The court may however depart from an equal division and would have regard to the Matrimonial Causes Act 1973 taking into account the following: –
-the welfare while a minor of any child of the family who has not attained the age of eighteen;
-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;
-the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
-the standard of living enjoyed by the family before the breakdown of the marriage;
-the age of each party to the marriage and the duration of the marriage;
-any physical or mental disability of either of the parties to the marriage;
-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; and
-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. It is clear that divorce, separation, and financial settlement is not always straight forward so please do not hesitate in contacting our family law solicitors on 0345 900 5401 or contact Rebecca Cresswell by email at rebecca@sweeneymiller.co.uk to arrange a consultation.
