Application for financial orders upon divorce or the breakdown of a civil partnership

The courts in England and Wales have a range of powers available to them and a wide discretion in whether to exercise their powers and if so, in what manner. In order to consider determine the assets over which the court may exercise its powers both parties are required to provide full and frank disclosure. The courts have very considerable powers to force people to make disclosure of their financial circumstances to ensure that any awards are ultimately fair.

The Matrimonial Causes Act 1973 sets out the types of financial orders that can be applied for including, in appropriate cases, the following:

Maintenance – including on an interim basis whilst the substantive proceedings have yet to be determined and can in appropriate cases include maintenance on account of costs to help a party pay their legal fees.

Lump sum order – being the payment of a, or a number of lump sums from one party to the other.

Property adjustment order – including, in appropriate cases, a transfer of a property from one party to another; from joint names into one party’s sole name or and order for sale.

Pension attachments order – leaving the pension with the member but the other party is given an interest, when the member retires, in either the tax free lump sum or the pension income.

Pension sharing order – allowing a party to take a percentage of the benefits that have accrued in the member’s pension and invest it in a scheme of their own.

Harrison Clark Rickerbys have a team of family law lawyers with vast amounts of experience in this area with particular experience in dealing with partnerships, shareholdings in companies and interests in family trusts.

Our family law solicitors can give you more information about financial orders at any of our offices, located in Worcester, Birmingham,  CheltenhamHerefordRoss-on-Wye and the Thames Valley. We also have a serviced office in London where our family lawyers can arrange to meet you.

Contact the team today for more information.