The aspects of a financial settlement on divorce are often the most hotly contested part of a marriage or civil partnership dissolution and the court will consider many factors when considering the ruling on any monetary order. The advice of an experienced divorce solicitor is, therefore, essential to ensure the best outcome for a spouse in this complex area of family law.

The age of the spouses and length of marriage / civil partnership will be a significant factor when a court considers any ancillary relief order, alongside whether there are any minor aged children of the union to be provided for.

Clean break financial settlements after a short marriage

If the length of the marriage before the breakdown was short or there are no children, the court may require the couple to undertake a Financial Clean Break Order (Clean Break), so that neither party to the divorce has any further financial interest in the other's affairs.

Where there are no children of a short marriage, the court will want to determine what assets each spouse brought to the union. In such a case, a periodical payment order (an order for maintenance) is very much less likely to be made, hence ‘clean break'.

However, if one party to the divorce has made certain forfeits to get married, such as changing their career path or selling a property, the court may have to factor ameliorating provisions into the financial settlement order to offset any losses.

If there are children, the court may find that young spouses with children would be more able to borrow money than older divorcing parties and so, when calculating lump sum and property transfer orders, a young husband may be required to transfer the family home to his wife so that the children may stay in the property with her while he raises capital on the mortgage to fund the purchase of a home for himself.

It may also be considered reasonable that the ex-wife may, after a certain period of time, be able to support herself, and, in this instance, a fixed term periodical payment order may be made because the parent who has care of the children will find their ability to achieve financial independence curtailed at least for a certain number of years.

Expert advice from a divorce solicitor for financial settlement on divorce

If you are divorcing after a relatively short marriage the family law lawyers at Healys in London and Brighton can give you expert advice to ensure you achieve the most favourable outcome possible.

Healys' many years' experience as specialist divorce solicitors has taught us that each individual situation is different. We can help by listening sensitively and giving you straightforward legal advice so you can weigh up what options will work best for you.

Call direct to Catherine Taylor on 01273 669 124 or e-mail on catherine.taylor@healys.com