Financial Orders On Separation Divorce
Ken Heffernan, Family Law and Divorce Solicitor, is experienced in dealing with financial orders on separation divorce issues and can apply the legal requirements set out below to your particular case to advise you appropriately for your circumstances whether you are in Cork or elsewhere in Ireland.
When granting a Order of Judicial Separation or Divorce, a court has the power to make a wide variety of ancillary (additional) orders. These are the financial orders on separation divorce that a court may make. In deciding on financial orders the court must ensure that such provision as is considered proper has or will be made for the spouses and any dependent children. The most usual financial court orders are in relation to:
- Maintenance and lump sum payments,
- Ownership of the family home,
- Occupation of the family home,
- Ownership of property and assets such as shares,
- Pension rights,
- Succession rights.
There is no standard or usual amount of maintenance payable just as there is no standard set of circumstances in which a court will make a particular order in relation to the family home. the court has a wide discretion when it comes to making financial orders. When considering what orders to make in each particular case a court will consider all of the circumstances of the family and the evidence presented and will look in particular at:
- The current and likely future income, earning capacity, property and assets of each party,
- The current and likely future financial needs, responsibilities and obligations of each party,
- The standard of living enjoyed by the family before the break up of the marriage,
- The age of each party, the duration of the marriage and the length of time the parties lived together,
- Any physical or mental disability of each party,
- The input each spouse has made or is likely to make to the welfare of the family and this includes any contribution made that increased the income and financial resources of the other party and any contribution made in caring for the family,
- The degree to which the marriage responsibilities affected each party’s earning ability now and into the future,
- Any income or benefits to which the spouses are entitled under the law,
- The conduct of each party where relevant,
- The accommodation needs of each party,
- The value of any benefits (such as a pension) to be given up by a party because of the judicial separation or divorce,
- The rights of any other person affected by the divorce, such as a new spouse.