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Assets and Finances
Generally speaking, when your marriage or civil partnership ends all property owned by you and your partner is considered ‘matrimonial property’ by the courts, regardless of whose name it is in. The family home, for example, might be in your partner’s name only, but by default you will have an equal entitlement to it.
The court will start by assessing whether an equal split of all matrimonial property is ‘fair’ based on the principles set out in matrimonial law. Its first priority is to ensure the housing needs of any dependent children are met, after which it will take into account a number of other factors, such as:
- The income and earning capacity of you and your partner.
- The length of the marriage and the age of both partners.
- Contributions you and your partner have made to the relationship.
- The financial needs of you and your partner.
Resolving the financial fallout of a divorce, separation or civil partnership dissolution can take time. As your solicitors we will help you set realistic objectives and endeavour to start constructive negotiations with your former partner at an early stage.
When your marriage or civil partnership ends, the terms of inheritance under a will may change. Where relevant, we will advise you to consider early on how the breakup will affect your will (or advise you to make a will if you haven’t got around to it yet). You don’t need to wait for your divorce or separation to be finalised before making provision for the people you wish to include in your will. Find our more about our wills and probate services.
We will offer you guidance every step of the way to ensure you get the best outcome – with as little cost, stress and worry as possible.
How our Family Law team works
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