Solicitors in Birmingham

How does remarriage or living with a new partner effect divorce ?

There is a big impact if there is a remarriage before a financial settlement is concluded since remarriage will result in loss of the ability to claim maintenance from the orginal marriage and that party will retain the same right to make financial claims as before. Conversely, if financial matters are concluded and where there is a clean break implemeneted remarriage or cohabitation usually has no effect.

As regards the middle ground, where maintenance is paid, subject to the overriding needs of any children of the marriage, it islikely that maintenance may be reduced or even cease if the recipient remarries. this does not apply if the other party cohabits without getting married. Note also that if a former spouse’s financial position improves, an applicaton can be made to court to vary or cancel existing maintenance payments.

How does the issue of domicile impact on divorce ?

In short the issue of whether the English system will deal with a divorce is governed by domicile which is not the same as where the parties are resident. In general terms, parties born in the UK will be able to show domicile unless they have changed citizenship away from the UK.

On occasions a Petitioner may be ordered by the courts to file further evidence of domicile in the form of a sworn affidavit explaining their historical and current connections with the UK.

Is the financial starting point for divorce a 50/50 split ?

In short, no. Each case is different. What is consistent is that the courts will need to apply certain criteria to the decision making process if the parties cannot agree. Children must always be considered first and there can be no final order where there are children, as circumstances may alter in the future. Considerations which the court must weigh up are :-

-          Children’s needs and welfare are paramount

-          Present and future needs

-          Resources and earning capacity of the parties

-          Age of the parties

-          Length of marriage

-          Financial contributions made by both to family finance

What is a consent order and can it be useful ?

In practical terms the answer is yes to both parts of the question. In agreeing as much as possible, as early as possible, and documenting this, costs are likely to be saved and prospects for a sensible dialogue enhanced for the future. If agreement is reached on finances, this must be documented in a formal Consent Order together with a Statement of Information.  Both parties must obtain independent legal advice before signing these documents.

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