By virtue of being married, you and your spouse have financial claims against each other. Obtaining the Decree Absolute, stating that you are now divorced, does not automatically end these claims and it is important that within the process of completing a divorce you obtain a final order approved by the Court setting out how your finances will be divided.
The aim is to try and resolve matters amicably wherever possible. Sometimes this is not possible and, if required, we deal with the tracing of assets both inside and outside the UK and take action to prevent the disposal of such assets. We can also seek and deliver expert advice on issues relating to trust property and the tax implications of any proposed distribution, or any corporate restructuring within a family business. However matters are resolved, both you and your spouse have a duty to provide full financial disclosure in relation to all the assets you have.
The Courts have wide-ranging discretion when it comes to the distribution of assets on divorce. They can make orders concerning property, income, capital assets and pensions. The Courts also have the power to make some financial provision for children of the family.
We will advise you about how the Court might exercise its discretion in your case and based on the specifics of your family situation. The aim is to achieve a fair division of the assets overall. This will not always mean that assets are divided equally however as consideration may have to be taken of factors such as one pension’s greater earning capacity or the fact that one parent will continue to be the primary carer of young children.