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Reaching a fair agreement
Financial issues on divorce can be complex and you will each need legal advice to help reach a fair agreement.
If you are the main or only earner in a marriage, you may need to continue providing financial support to your spouse before reaching any final agreement. Reasonable payments of this kind should not have any adverse effect on the final agreement, while failing to provide necessary support is likely to provoke hostility.
Conversely, if you are financially dependent on your spouse, you should ask for suitable arrangements to be made. If your spouse refuses to make adequate provision, you can apply to the court for an interim financial order, requiring your spouse to meet your financial needs until final agreement is reached.
Child welfare and financial needs
The first priority is to look after the welfare and financial needs of any children: specifically, children under 16 and older children who are in full-time education or have special needs.
Whether one party is somehow responsible for the breakdown of the marriage or ‘at fault’ rarely has any impact on what is legally considered to be a reasonable financial settlement. Instead, a variety of key factors will be taken into account.
Our family law team can walk you through all aspects of financial arrangements to consider during a marriage breakdown.