Financial Matters

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Married parties make financial claims against each other under the Matrimonial Causes Act 1973. Civil Partners make financial claims against each other under the Civil Partnership Act 2004. All orders available to spouses are available to civil partners except the pension attachments orders.

When making Orders resolving financial matters the Courts first consideration is the welfare of the children of the family. The court also considers the parties incomes and available assets, needs of the parties, age of the parties, parties’ disabilities, duration of the marriage, standard of living, parties’ contribution to the marriage and conduct.

The Court can make various financial Orders with regards to the parties’ income, capital, property and pensions. Such orders being Lump Sum Orders, Property Adjustment Orders, Orders for Sale, Mesher Orders, Periodical Payments Orders and Pension Sharing Orders. A Mesher Order allows the parent who has residence of the child(ren) of the family to remain in the property until the youngest child reaches 18 or any of the children leaves full time secondary education. At Maria Fogg Family Law we can provide you with expert legal advice regarding financial matters.

Parties can reach their own financial agreement, though it may be advisable to place the agreement into a Consent Order and have the Order approved by the Court to make the Order legally binding. If there is no Consent Order or Order of the Court resolving financial matters either party may be able to make a further claim against each other at any time in the future. At Maria Fogg Family Law we can draft the Consent Order and place it before the Court for the District Judge to approve.

If parties cannot agree financial matters between themselves or through solicitors Court Proceedings can be issued for the Judge to make a Final Order. To ensure your spouse or civil partner cannot make further financial claims against you in the future you must obtain either a Consent Order approved by the Court or a Court Order by a Judge.

As financial matters are likely to affect not only your life but your children’s in the future it is important to obtain expert legal advice. At Maria Fogg Family Law we can provide you with full advice.

Cohabitee Financial Matters – unmarried couples who live together

It is now the norm for couples to live together without getting married. This is called cohabitation. Unmarried couples do not have the same legal rights as married couples have on the breakdown of a relationship. The common law marriage is a myth and does not exist.

If a property was purchased and placed in your cohabiting partners sole name you may still have a legal share / a financial interest in such a property if you contributed to the deposit when the property was purchased or you contributed financially to the mortgage payments or you were promised by your ex-partner a share of the property and you acted in reliance of that promise. At Maria Fogg Family Law we can provide you with full legal advice as to Cohabitation Trust / Property Law.

Protecting your interest in property.

If the property was purchased and registered in your estranged spouses, civil partners or cohabiting partners sole name that you have a financial interest in that property it is important to receive immediate legal advice on registering your financial interest against that property at H M Land Registry. If you have not registered your interest in the property, your estranged spouse or partner or cohabiting partner could sell or remortgage the property without your knowledge or consent to try to stop you making a claim against the property. At Maria Fogg Family Law we can provide you with full advice regarding the registration of your interest at H M Land Registry and draft the necessary documents to protect your financial interest.

If your estranged spouse, civil partner or partner refused to give you your share of the property you can make an application to the Court for an Order. Maria Fogg Famly Law can fully advise you regarding financial matters and can draft consent orders placing before the court for the district judge to approve.

Please contact us for further information and advice.