When you discuss with your spouse the distribution of your financial assets it is important to take the Court’s approach into account. At Paradigm Family Law we have substantial experience in complex complicated small and big money cases and we recognise that each case has it’s own unique facts.
The law on this matter is very flexible and the Court has wide ranging powers and discretion when coming to a decision in search of “fairness”. The starting point of every financial dispute is to establish the financial resources or the so called “matrimonial pot”. Both parties need to make sure that they have disclosed all relevant information regarding their financial circumstances. This includes all information about their income , earning capacity and capital and pension resources (worldwide).
After the financial resources of you and your spouse have been established, it is important to consider first the welfare of your minor child/children. The important question in every family dispute is whether or not a suitable home for the children can be maintained and whether or not there should be any ongoing maintenance payable or whether there are enough matrimonial funds to achieve a “clean break”. It is also important to emphasise that even if there is a “clean break” agreement regarding spousal maintenance, there is still maintenance payable for any dependent children.
If you have prepared with your spouse a pre- or post-nuptial agreement , the validity of this agreement needs to be verified. Both James and Frank have considerable experience in cases with substantial assets included in the pre-nups and will guide you through the process and will give you advice , whether or not your (foreign) prenup will carry any weight.
Because the Court has a wide discretion in reaching a fair result , it is sometimes better to minimise the emotional stress and financial pressure on relationship breakdowns and to avoid the uncertainty of going to Court. With Paradigm Family Law’s help and extensive experience, we will guide you through the stressful but also important part of your life and help you to start afresh.
