MY SPOUSE AND I ARE DIVORCING BUT WE HAVE PROPERTY AND OTHER ASSETS TOGETHER; WHAT CAN WE DO?

In circumstances such as these, if you and your husband or wife can’t agree on what to do in relation to your house, any savings you may have, or any pension which either one of you may have, then it is open to either one of you to issue an application to the Court for a Judge to make a decision.

The Court can make orders for periodical payments (maintenance), lump sums, property adjustment orders (sale, or transfer of property) and orders in relation to pensions – pension sharing or pension attachment orders.

The Court can also make orders for maintenance, lump sums and property adjustment in relation to any children of the marriage.

Before going to Court, unless you and your spouse come within one of the limited exemptions, it will be necessary for you to explore whether or not you can reach an agreement via family mediation.

Please see our family mediation article.

In a divorce situation, it’s really important to get your financial affairs sorted out and put into an order made by the Court, which is expressed to be in “full and final settlement”. Many people don’t bother taking this step, but it can be an expensive mistake to make- without it, your former spouse can make financial claims against you at any time in the future.

Here at Scotts Wright, we recognise that separation and divorce can be a difficult and stressful process, and disputes about finances can, if not handled professionally, only add to that stress.

We are committed, as members of Resolution, (www.resolution.org.uk) to resolving disputes in a non confrontational way and we endorse, support, and follow Resolution’s Code of Practice.

We have had a presence in Catterick Garrison since the 1970s, and have dealt with divorce and financial problems for many members of the Armed Forces (and their spouses) of all ranks and all services. As such, we have many years experience in dealing with military pensions- an area which can be problematical in divorce situations.

Our Leyburn office can trace its roots back to the early 1920s, and we’ve helped many farming families deal with tricky issues such as what happens to the family farm when one of the co-owners divorces?

Why not make an initial fixed fee diagnostic appointment with Allen Bailey, at whichever of our offices suits you better?