Money matters in Divorce

If your case involves a dispute about finances, then the court has a wide range of orders it can be asked to make, based on all the relevant information available. 

Provided there’s been full disclosure of each other’s finances, most couples sort out their finances without necessarily involving the court. Usually the agreement reached is put in the form of a binding written agreement, or alternatively, the court can be asked to make an order implementing the agreement. In either case, the agreement reached will be legally binding and enforceable.  

Before the court makes an order, it has to consider a list of considerations, which are now  well-established. For example, important factors are the length of the marriage, the needs of the children (if any) of the marriage, the extent to which either spouse benefited  from the input of the other – and so on.    

If you think your husband or wife hasn’t been totally honest about their finances, there are many things the court can be asked to do to make sure full disclosure takes place. Additionally, a forensic accountant can be brought in  to examine a situation. We have experience in getting to the truth of the financial situation. If you need that type of assistance just call us now for a FREE and confidential meeting. We deal with cases from all over Scotland and can provide you with a great deal of assistance through e mail and telephone in the early stages of your case.

So far as financial support is concerned, it’s unusual now for spouses to get this on divorce. The law now very much encourages a clean break, and couples are encouraged to agree payment of a lump sum instead, or to suggest  an amount for the court to order payment.

Financial support before divorce is another matter, and the court can be asked to order payment by one spouse to the other until divorce takes place. The amount will depend though entirely on a couples available resources and needs. Financial support for children is a separate matter again. This is handled by the CSA. For more advice and assistance or just to discuss the options in your case call us today on 0800 612 6493