Courts do not automatically consider financial matters when a divorce or civil partnership dissolution is lodged.
Following the breakdown of a marriage or civil partnership financial matters are to be dealt with by negotiation, mediation, collaborative law, arbitration or by making an application to court. The same legal principles as to how financial matters should be resolved are applied. Our Family Law team are available at our offices at our offices in Ashford, Canterbury and Herne Bay to offer you advice tailored to your own specific circumstances.
It is important to address financial issues if your relationship breaks down. If you fail to address financial issues, you may still face financial claims from your ex-spouse in the future. If a financial agreement is reached then the terms of that agreement can be set out in a financial consent order. Such an agreed order can be lodged with the court for approval as part of the divorce process and then such an order can dismiss those potential future claims. If you do not intend to divorce then you may wish to consider a separation agreement – as referred to below.