The first consideration will be given to any minor child of the family who has not reached 18. The starting point is equality and the courts will consider needs, sharing and contribution of both spouses. There are a number of other factors which the court will take into consideration which include:

• The income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the foreseeable future
• The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future
• The standard of living enjoyed by the family before the breakdown of the marriage
• The age of each of the parties and the duration of the marriage
• Any physical or mental disability of either of the parties
• The contributions which each of the parties has made or is likely, in the foreseeable future to make, to the welfare of the family, such as looking after the home or caring for the family
• The conduct of each of the parties
• The value of the loss of any benefit that each of the parties might incur on dissolution or annulment of the marriage.

The court is keen to encourage each party to become financially independent of each other after the divorce, as far as possible. In this respect the court may consider that a clean break order is appropriate.

Both parties have a duty to provide full and frank financial disclosure. Such financial disclosure is often made voluntarily in advance of any court application being made. This provides each party with the opportunity of seeking their own independent legal advice and then for negotiations to commence.

A court application is for financial settlement is made by lodging a form (Form A) with the court together payment of the court fee. The court should set a date for a first appointment in 12 - 16 weeks. In most cases, it is necessary to have attended a Mediation Information and Assessment meeting to discuss mediation for divorce with a mediator before making this application.

After the application has been lodged it is necessary to gather together information about your financial circumstances, and include them on a document known as Form E.

After Forms E have been filed, each party may ask questions of the other where issues are unclear, perhaps requiring further documentation to be produced. That first appointment is a procedural hearing and it is unlikely that matters will be resolved fully at that hearing.

The court will consider what further directions need to be made for the future conduct of the case and then list the case for a Financial Dispute Resolution hearing (FDR) on a future date.

It is sometimes possible for one spouse to obtain an order for a maintenance pending suit against the other. This is maintenance between the date when the petition is lodged at the court and the pronouncement of decree absolute. It is intended to meet urgent and immediate needs in the short term.