Financial Orders | Family Law.

The Financial Order.

The financial order was once referred to as ancillary relief, sorting out the money and property can take some time and is separate to the divorce process.

The areas covered by the financial order are -

- Distribution of any property.
- Child maintenance.
- Pensions.

These are just a few examples of areas covered; fees will apply for submitting a financial order.

Most people use the services of a Family Solicitor for this process but you can complete the form yourself, the forms are available online through the HM Courts form finder web site 'application for financial order'

You will need to send two copies to the court and keep a copy for yourself, as you may need to visit the courts, choose a court that is near to you, once again, a very handy site for this is the court tribunal finder web site, where you can enter your postcode for the nearest court.

As mentioned the courts could ask that you consider mediation, for this you will need to prove that you have either gone through mediation or considered it, if you check the form finder web site and search for form FM1 to complete and send to the courts.

Application through the courts.

The judge will use a number of factors when deciding how to distribute any assets, factors that will be taken into consideration are

-what you did in the relationship (carer/worker)
-Your standard of living and living costs
-What assets you have
-Your age and ability to work.

The judge will prioritise the distribution of assets, children will come first and will affect housing and payments, the judge will also try to arrange the financials so that you have as little ties to each other as possible.

Going through the courts can be time consuming and expensive, when you deal with a solicitor you will probably have a clear indication of the outcome of any court proceedings before they happen, this logically suggests that if you can agree before court, it makes sense.

Maintenance payments may be awarded via the court, whilst it can make a decision on child maintenance this is normally decided via the CSA, they have a help line to guide you through this time 0845 713 3133

Not married or in a civil partnership?

Lots of people move in to a property before they are married, some believe this is a good thing before marriage, but not many people realise that as a couple not in marriage or civil partnership, you do not have the same rights in the eyes of the law, common law marriages are non-existent, this situation is not just relevant to the young it's happening more and more.

If you are to live together, whatever your age, you should take advice so everyone knows what happens in different scenarios, should things change.

It would be worth exploring the possibility of a pre-nuptial agreement, whilst these are not legally binding in the UK, the courts will give them consideration but if unfair they can be over ruled.

Debts

lenders do not care to much if your situation changes if your name is on the debt you are responsible, ensure in the even of a relationship change to contact any lender for advice, do not assume anything when it comes to debt.