Divorce Checklist - Financial implications

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After considering the implications of divorce on children, the financial implications of divorce is one of the most important things to consider during any separation. For this reason it is recommended that an experienced family divorce lawyer is used to minimize the inevitable financial losses. But, it is important to emphasis that divorce must only be considered if marriage counseling has failed to achieve reconciliation and legal separation is the only viable option.

The divorce law varies according to residency of the couple and as such it is important to use a relevantly experienced divorce lawyer. The financial implications of divorce in the United States and the United Kingdom are outlined below.

The financial implications of divorce in the United States

The divorce law in US varies from state to state. Therefore the financial implications of divorce also vary accordingly. The following is an example of the variances that exists between different states:



The financial implications of divorce in the United Kingdom

When divorce is being considered it is important to fully appreciate the financial implications of the legal separation.

  • Despite most people's beliefs, there is no 50:50 law or rules regarding the division of assets in UK. The 50:50 rule normally only applies when the couple are young, not been married for long and both have a potential to earn a reasonable income. In general however, the court will assess each case individually.
  • There is no "law" regarding how much money one spouse should pay the other. The court will take into account the welfare of the children if applicable.
  • The court will take into account the income (or the potential for earnings) of both partners.
  • If one partner is moving out to live with another then this is also taken into account by the family court when considering how the finances are to be split. The new partner's income will also be taken into account when ruling on any financial obligations.
  • The court will consider any mental or physical disabilities, especially when applicable to children.
  • Both partners are considered equally responsible for contributing to the upbringing of the children, even if one partner has had to stay at home or give up work to do so.
  • Except for cases of extreme violence or abuse, the court will not consider the partner's past behavior when ruling on financial matters, even if adultery has been committed.
  • The partners' pensions are also considered as an asset.

The Family Court of Law can impose the financial obligations of a partner by:

  • The court has the power to sign the property over to one partner, usually the mother.
  • The court has the power to enforce regular monthly payments by one partner to the other. This will normally be done in arrears.
  • A one lump sum payment.
  • Should the Family Court of Law feel the divorce is likely to be enduring, then the court has the power to enforce the payment of Maintenance by one partner to another prior to divorce having been granted.
  • To re-direct part, or in extreme cases all, of the pension when available.

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