With respect to finances assuming your spouse and you have or are able to reach an amicable agreement as to the division of the martial assets then, we can draft a document called a Consent Order. This sets out the agreement reached. It is signed by your spouse, by you and by us. We will then send the agreement to the court for a Judge to approve.
It is important to have a Consent Order as it can provide for a clean break. This means that once the divorce is finalised neither your spouse nor you can make any further financial claim against the other. This protects any inheritance you receive in the future and monetary gifts. If you do not have a Consent Order then your financial claims against your spouse and vice versa will remain open indefinitely even after you are divorced.
However, if you and your partner cannot reach an amicable agreement with regards to your finances, then as a last resort an application will be required to be made to court where a judge will consider how to divide up your assets.
The courts are likely to take everything into account including the age of the parties involved, your lifestyles and your standard of living, the duration of the marriage, your current earning capacity along with your future earning capacity, what you have contributed to the marriage and most importantly whether or not you have any children. These are just some of the few factors taken by the courts when deciding a fair and proportionate settlement.