If a court is asked to look at the finances, there are only certain orders it is allowed to make.

Effectively, this forms a menu of financial rights that each of you has against the other. Each of you can apply for any of these orders.

Most couples sort out their finances without a final court hearing. The settlement is usually made into a court order. It is then binding and enforceable.

Before the court makes an order, it has to consider a list of considerations. These are straightforward.

The same considerations have to be thought about in negotiations. For example, it is different if there are children’s needs to consider – or if it is a short marriage as opposed to a very long marriage.

The family’s financial resources are looked at in detail. That is why financial disclosure is always the first step in any discussions.