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Michael Cook
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Tony Dolbear
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Marion Wells
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His Honour Michael Cook
Tony Dolbear
Marion Wells
Consultant
Legal Executive
Assistant
     

Division of assets and income


The financial provisions awarded by the court on divorce, nullity or judicial separation are known as 'ancillary relief' and relate to both capital and income. The Matrimonial Causes Act 1973 enables the court to make the following orders for ancillary relief :

        Maintenance pending suit
        Periodical payments
        Secured provision
        Lump sum payments
        Transfer of property
        Settlement of property
        Variation of pre-nuptial and post-nuptial settlements
        Pension sharing and pension attachment orders

      In making any order for financial relief the court must have regard in particular to :

          The future financial resources each party
          The financial needs, obligations and responsibilities of each party
          The family's standard of living before the breakdown
          The ages of the parties and the length of the marriage
          Any physical or mental disability of either party
          The past and probable future contributions of each party to the welfare of the family, including looking after the home or caring for the family
          Conduct if it is so serious it would be unfair to disregard it
          Any benefit either party may risk losing as a result of the dissolution or annulment of the marriage
          Any benefits under a pension arrangement by either party

      These statutory provisions are regularly reviewed and interpreted by the courts and the latest test is that of fairness. Although in the case of White v White the House of Lords rejected the principle that 'fairness' means that in every case the family assets should be divided equally, it did say that equality should be departed from only if, and tothe extent that, there is good reason for doing so.


 



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