Money in Divorce and Dissolution of Civil Partnerships

The judge can make various orders such as:

a)                  Sale of the property.

b)                  Transfer of the property.

c)                  Lump sum (immediate or deferred).

d)                  Spousal maintenance (called periodical payments).

e)                  Pension sharing or other pension orders.

f)                    Delayed sale of the matrimonial home giving one party charge, called a Mescher Order, which often solves an awkward housing problem.

Often where couples seek a clean break which can have advantages for both sides, when periodical payments are capitalised.  This is like valuing an industrial building, by reference to the rent that can be collected by renting it out, and multiplying that to make it a capital sum.  (Sorry folks but that is what it is like !)

Supposing for example a wife was 42 years of age is receiving maintenance of £10,000 per annum.  Her “yield” might be say 14 times.  The husband therefore pays her a lump sum of £140,000 instead of £10,000 for her life or until she remarries.  This often enables both sides to move on, and many wise and experienced lawyers beg their clients to go for a clean break.

Maintenance orders for children including school bills.  Note bills not fees.  There is a difference.  Bills include extras school trips, and in one well known case damage to school property!

If you are making a financial claim in a divorce get expert advice at an early stage because it is a complex area and the whole court system procedures can be intimidating even to a sophisticated and experienced businessman or woman.

We would be interested in your comments, please leave them by clicking on the title to this blog above