Divorce, Separation and Matrimonial Finances

Splitting up? What keeps you awake at night?

Stress, worry about change, money, debt, having to move out, fear of the unknown, confusion, frustration, needing answers, timescales ….

‘Ancillary Relief – achieving a good financial settlement’

When it comes to ‘settling the finances’ following marital separation and/or divorce, the Northern Ireland courts are interested in fairness and achieving a fair settlement for both parties. That is not to say that there is necessarily a presumption of equal sharing.  As to what constitutes a fair settlement will turn on the facts of each particular case and Judges in Northern Ireland have wide discretionary powers.

In exercising its power, as regards financial settlements, the court will take account of the following factors in relation to each party:

 

  • Income
  • Earning capacity(and any potential increase in that capacity)
  • Property
  • Other financial resources (e.g. pensions, shares, inheritances and pre acquired assets)
  • Financial needs, obligations and responsibilities
  • Standard of living enjoyed by the family before the marriage breakdown
  • Ages of the parties
  • Duration of the marriage
  • Any physical or mental disability
  • The contributions made to the welfare of the family; including any contribution by looking after the home or caring for the family
  • Conduct of the parties, if that conduct is such that it would be inequitable to disregard it

 

Stating your strongest case to the court is enormously important in achieving a good settlement.

You will need to have a robust and experienced legal team on your side that can get to the heart of the core issues with efficiency and precision. Your case to needs to be run with maximum efficiency to ensure no delay and for cost effectiveness. Your case needs to be presented clearly and coherently to the court by the most able and effective advocates. You will want your legal team to have up-to-date legal knowledge and access to the latest technology. You need strong negotiators committed to promoting your best interests. You need to be able to trust that your Solicitor is 100% focused on achieving the best possible settlement for you.

At Collins Solicitors you can be assured that we will rigorously advance your cause at the highest level. We have dedicated ancillary relief specialist solicitors with over ten years’ experience dealing with all manner of financial settlements. We welcome all new enquiries. Please do not hesitate to contact us.