We can provide assistance with financial settlements which are treated separately from the granting of a decree of divorce, judicial separation, or civil partnership dissolution.
A final financial order cannot take effect until after the decree nisi, judicial separation or civil partnership dissolution, but you do not have to wait until then to resolve financial issues
The court may order that one spouse pay the other spouse money to assist any immediate financial need. These orders are know as maintenance pending suit.
The court has the power to make one or more of the following financial orders:
- Maintenance pending suit
- Periodical payments
- Secured periodical payments
- Lump sum orders
- Property adjustment orders
- An order for sale
- Pension sharing or attachment orders
Provided there has been a decree of divorce, judicial separation or civil partnership dissolution the court may order a clean break. If the court orders a clean break neither spouse will be dependent on the other in the future. Neither of them can ask the court to make a further order that the other pay them more money.
- The object of a clean break is to end the spouses financial dependence on each other following the marriage breakdown and removal of the obligation on them to live together
- Before a court orders a clean break, it will consider all the circumstances and decide whether a clean break is appropriate
- The court cannot order a clean break in respect of maintenance for a child