Financial Remedy – Plain English Guide

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The financial settlement — known as “financial remedy” — determines how property,
income, pensions and other assets are shared.
This guide explains the legal principles and how judges approach fairness.

The three principles are:

Needs

Primary focus — housing, income, security.

Sharing

Assets built during marriage are shared equally unless there is good reason otherwise.

Compensation

For lost career opportunities (rare).

WHAT JUDGES LOOK AT

  1. Income & earning capacity
  2. Property and assets
  3. Standard of living
  4. Children’s needs
  5. Contributions
  6. Age & health

HIGH-VALUE CASES

Judges consider:

  1. Non-matrimonial property
  2. Pre/post-nups
  3. Offshore assets
  4. Businesses
  5. Inheritance

ORDERS AVAILABLE

  1. Lump sum
  2. Property adjustment
  3. Pension sharing
  4. Spousal maintenance
  5. Clean break

KEY QUESTIONS

  1. What are my needs?
  2. Which assets are matrimonial?
  3. Do I need expert valuations?

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