New guidelines for divorce settlements

The most important consideration in any divorce settlement is the welfare of any children. After that, the starting point is to divide the assets equally between the parties, even after a short marriage. The Court will strive to achieve fairness by looking at all the circumstances of the case, which may tip the scales in favour of one party.

After both parties housing and financial needs have been met, the Court will look at each partys contribution to the marriage, which may include pre-marriage assets, inherited wealth or family businesses. The recent cases recognise that the contribution of a stay-at-home mum or dad is as valid as the contribution of the main breadwinner. The stay-at-home parent may even be entitled to an enhanced settlement if they have given up a career for the family.

Conduct like adultery or unreasonable behaviour will have no bearing on a financial settlement unless it was so bad that it would be unfair to ignore it.

There is now more need for a pre-nuptial agreement, particularly for individuals seeking to protect their pre-marriage assets or marrying for the second time. Although not legally binding, pre-nuptial agreements provide the Court with persuasive evidence of the couples original intentions as to splitting assets in the event of a divorce.

Remember. Divorce can be stressful, tiring, and above all, a costly process. Have you considered Mediation? This may be a less expensive alternative where the couple is helped by a Mediator to reach their own decisions concerning separation, divorce, children, finance or property. Our family department at Bennett Griffin has their own experienced family Mediator.

The law is changing and you require progressive and pro-active solicitors to fight your particular corner. Did you have assets or finances prior to your marriage breakdown you now wish to preserve? Are you scared of losing a life times work because you married in haste? Perhaps you are the stay at home parent who has sacrificed years of potential earnings to care for your partner or children? So whether it?s a question of who gets the private parking space at Harrods or, more likely, the savings account worth about 2,000, you need advice. Whoever you are the successful Family Team at Bennett Griffin can offer you that expert advice and support. Whatever you are going through, we will help you find the way forward.

Whatever your requirement, call 01903 229999 to arrange a free appointment at one of our family law surgeries where you can discuss your situation with one of our team of knowledgeable and friendly solicitors or our experienced Mediator. The next surgery will be held on Wednesday 9th August 2006. Please contact us for more information about the services we can offer.