Financial Resolution overview
Financial settlements
Financial settlements - the procedures
Maintenance and capital - the Approach of the Court
Financial settlements - case studies
Child support
Benefits
Pensions
Pensions FAQs
Tax
Q1: My Court Order says that I only have to pay maintenance for a limited period of time. After that I am in the clear.
A1: Not necessarily true unless the Order is worded correctly to prevent an application to extend the term.
Q2: I have got a Court Order for regular maintenance payments and so my future is secure.
A2: Do remember that either party can apply to change the amount of the Order and the payments will cease in the event of the recipient re-marrying. Furthermore a Maintenance Order lapses on death although it is possible to make an application against the deceased's estate for financial provision provided that funds are available to make a payment.
Q3: My wife lives with another man and so I won't have to pay her maintenance.
A3: Not necessarily true unless it can be shown that she is financially dependent upon him.
Q4: My wife has remarried so she cannot now seek any capital or income from me.
A4: No. Her income claims cease on remarriage but if she made an application for capital within the divorce proceedings prior to remarrying she is not precluded from pursuing that application.
Q5: There is a joint report from a valuer before the Court so there is nothing I can do to dispute his valuation.
A5: Not always true. In certain circumstances if there are substantial reasons for seeking to adduce your own expert evidence the Court may permit you to do so.
Q6: It's part of my inheritance, my husband can't get at it.
A6: Not always true, unless there is sufficient alternative capital available to enable the Court to exercise its powers appropriately.
Q7: My capital is tied up in a Discretionary Trust so there is no way my wife is going to get at that.
A7: Not always true because in certain circumstances the Court can make an Order on the basis that resources will be available to a party if he or she requests them.
Q8: My wife said she would never pursue me and it is so long that we have been apart that my income and assets are secure.
A8: Not always true because unless she has re-married there is nothing to prevent her making an application to the Court although delay will be a factor which it will consider before exercising its powers.
Q9: We should let the house remain in joint names because my Will ensures that my share will pass to my children.
A9: Not true. If you own property as a joint tenant (as opposed to a tenant in common) on your death your share will pass to the surviving joint owner, regardless of the terms of your Will.
Q10: Do I have to compensate my wife for the fact that I will continue to earn bonuses in the future after we have separated?
A10: Probably not, although it may be that bonuses earned after that date but before the Court case is finalised will be apportioned to assist her in achieving independence.
Q11: Will the Court include an allowance for legal fees in an application for interim maintenance?
A11: Yes, provided there is no other source of funding available such as a bank loan.
Q12: Is an equal division of capital the starting point when all assets came from me and my wife and I have only been married for 10 years?
A12: Not always. The object of the exercise is to achieve a fair distribution of capital and income.
Q13: How does the Court deal with a situation where one party’s legal fees are substantially greater than the other’s?
Not necessarily so. These monies cannot be ring-fenced but the immediate and long term needs of the person who recovered the damages should have priority so that in principle no Order should be made that would interfere with a provision for those needs.
