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Divorce law blog

New DIY Guide for Sorting Finances on Divorce

08/04/2016   By: Frances Bailey

A new booklet has been published this month by the Family Justice Council to provide helpful information and guidance to separating parties trying to sort out their finances on divorce.

Since the removal of legal aid for the majority of family law cases in April 2013, increasing numbers of individuals are trying to resolve their family law issues without recourse to lawyers. This guide, put together by a working group of judges, academics and practicing solicitors / barristers, will hopefully provide some much needed assistance to those people. In his opening foreword to the Guide, the President of the Family

Division, Sir James Munby explains:

This guide is intended to demystify what is a complex area of law which many Litigants in Person may find intimidating… Its primary purpose is to provide a road map through what is often, for many, unchartered territory”.

Where can it be found?

The full version of the guide can be found here.

With a shorter online version available here.

Who is the guide for?

The guide is for individuals living in England and Wales who have been married or in a civil partnership and who are now divorcing/dissolving their civil partnership and wish to know about the law dealing with their finances. It is aimed at the overwhelming majority of separating couples, where resources do not exceed the family’s needs.

What does the guide cover?

It provides a general overview of the law relating to finances on divorce, including what orders the courts can make, what is taken into account when deciding what orders to make, what the law aims to achieve and how agreements can be reached outside of court. It also provides more in depth information in relation to housing and other capital, maintenance and income, and pensions. The guide also includes a useful section with (a) FAQs and (b) hypothetical examples showing common situations which arise when couples divorce and possible outcomes.

What does the guide not do?

The publication is not a replacement to tailored legal advice, nor does it provide guidance to those whose assets exceed their needs or those who have more complex situations (such as business interests, trusts, third party interests in property, concerns about non-disclosure or where the parties entered into a Pre-Marital Agreement prior to their marriage). Our family law experts have extensive knowledge and experience of all those issues and links to all our experts can be found here.

Frances Bailey
Family Law Principal Associate

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