Assets are always shared equally on divorce.
The starting point is a 50/50 split. However, this might not be appropriate in your case. There is no set formula which the court uses to make a decision. Each case is unique and is decided on its own facts. The Court will consider many factors to determine the best outcome with the children of the family being the primary factor.
Once you receive a Final Order that’s it.
The Final Order ends your marriage. It is the new name for a Decree Absolute. That is not the end of your obligations. You also need an approved financial court order on a Clean Break basis. In many cases this is appropriate and prevents either spouse making a future claim against the other’s assets, even several years after they have been divorced. A Final Order does not end financial claims. There must be a court order that provides for a Clean Break as well.
The parent with ‘custody’ of a child has greater rights than the other.
Who a child lives with has no bearing on each parent’s role in making important decisions in the child’s life or their role in caring for the child, provided they each have parental responsibility. If both parents have parental responsibility, they have an equal say in all the important decisions in the child’s life, including education, medical treatment, religion and property. The status as parent is equal by law.
If they are not receiving child maintenance, the parent with whom the child is living can stop the other parent seeing the child.
There is no legal basis to stop the parent who must pay child maintenance from seeing their child if they stop paying. The remedy is to contact the Child Maintenance Service for a calculation. The two issues are entirely separate.
Divorce is always expensive.
Costs can be significant when resolving financial claims, especially if the parties cannot agree and take the case to court. However, an individual can undertake the divorce proceedings themselves to avoid legal fees or most solicitors offer a fixed fee to act in divorce proceedings.
Get in touch
If you would like any advice on divorce, or any other family law issues, please do contact me on 01924 291122 or email at rebecca.baker@catteralls.co.uk.
Our highly skilled team of specialist solicitors have been established in the City of Wakefield for over 100 years.
