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Finances on separation

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Finances on separation

The claims which separating parties have against each other by virtue of marriage are as follows:

  • Capital: This includes equity in the family home and other property, savings and shares.

  • Income: In instances where there is a significant disparity between the parties income then there is a potential claim for spousal maintenance. The purpose of spousal maintenance is to help and assist a party with their day-to-day outgoings. Spousal maintenance is variable and so, if either parties financial circumstance changes during the term of spousal Maintenance, then the matter can be taken bac to court for assessment.

Child maintenance is firstly assessed by the Child Maintenance Service.

  • Pensions:The court has the jurisdiction to order for there to be a pension share. Therefore, in some instances a party may receive a share of the others pension.


When assessing a parties financial position, the court will address certain factors as set out in section 25 of the Matrimonial Causes Act 1973.

  • The courts first consideration will be given to the welfare of any child of the family that has not yet reached the age of 18 years.
  • The parties Income, earning capacity and all other financial resources.
  • The parties financial needs, obligations and responsibilities.
  • The parties standard of living whilst married.
  • The parties respective ages and the duration of the marriage and cohabitation period.
  • Whether any party has any mental or physical disability.
  • The contributions of each party.
  • The conduct of each party.
  • In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

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