Arrangements After Divorce

Excerpt : Maintenance. After a divorce there is an obligation to maintain one’s spouse. This applies to both women and men. The less well-off partner can demand a financial settlement from the other. It can

Maintenance.

After a divorce there is an obligation to maintain one’s spouse. This applies to both women and men. The less well-off partner can demand a financial settlement from the other. It can be an immediate payment of capital or the transfer of the marital home if children are involved. This type of settlement is known as a “clean break” settlement. Otherwise, maintenance may be paid in the form of periodic payments.

Rarely the court will order payment to a partner

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with a similar earning capacity to the other, or where the marriage was short, both partners were young and no children involved.

Older women who have not worked and spent most of their lives looking after the home and children may be entitled to significant benefits, including some of their husband’s pension rights on retirement.

The court will calculate the amount of maintenance the less well off party is entitled to, but they will also take a lot of other matters into

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consideration when doing this calculation, eg the loss of employment, or they may wish to start a new family. The less well off may also be eligible for benefits which will mean that they won’t need so much maintenance.

If the receiver of maintenance remarries, they will no longer be eligible for maintenance from the previous partner.

Children.

Conflict may take place over care of the children involved in the broken marriage. Both parents are legally responsible for

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the maintenance of their children until they turn at least 16 years of age. If there are children involved in a divorce, the decree absolute will not be issued until the court is satisfied that the children’s best interests have been agreed on.

The plaintiff will need to send the court a Statement of Arrangements at the outset. This will detail the children’s care, living arrangements and financial maintenance.

If the District Judge is unsatisfied with the statement, the

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couple will have to attend a hearing to discuss and issue a court order detailing further arrangements which must be complied to. The court has the power to enforce the order on the partner who does not comply with its requirements.

This article is to be used a guideline. In all cases, you are advised to seek professional legal advice in the form of a solicitor, or citizens advice bureau.