How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
When assessing if and how much maintenance a party should receive, the court will consider the factors listed within s.25 of the Matrimonial Causes act 1973 (also known as the “section 25 Factors”).
Disability, whether it be physical or mental, can be a key factor in deciding if maintenance should be paid and for how long. If you have a disability or health problem which affects your ability to work, and or the amount you are able to work, this may be a factor the court will consider.
Medical evidence is best obtained to substantiate the claim, wherever possible. The court has wide ranging powers regarding maintenance. In many cases it is one of, if not the most important issue, as it will determine the party’s standard of living. The court will also factor in any benefits which may be available and the effect receiving any maintenance could have on those benefits.
Having a disability can impact your earning capacity and borrowing capacity and therefore the Court will factor this in when deciding how to meet your financial needs. It can be a reason to depart from an equal division of the assets if one party needs a higher proportion to meet their needs.
If the parties are able to agree on the appropriate level maintenance, the agreement can be incorporated into a Consent Order, and there would be no need to attend court. However if an agreement cannot be reached, then the court can make a Spousal Maintenance Order following Financial Remedy proceedings.
Contact us
For further information, please contact Aimee Stokes, a Family Law Solicitor based in our Wolverhampton Office on 01902 328 355.
George Green have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond. If you complete our online enquiry form, a member of our team will contact you for an initial discussion.