Our Family Law Legal Hour is hosted by Karen Pritchard, Senior Associate in our Family Department.
If you require further help regarding family law, please phone us on 01279 755777 or contact Karen Pritchard Directly directly.
Our Family Law Team will be hosting the Nockolds Legal Hour on the following dates:
|Wednesday 28th February 2018 ||12pm - 1pm |
|Wednesday 11th April 2018 ||12pm - 1pm |
|Wednesday 23rd May 2018 ||12pm - 1pm |
Our Latest Legal Hour Questions (28.02.18) Read all of the previously answered questions here
My husband and I divorced some time ago, but we did not obtain a court order to set out our financial agreement. Neither of us have any significant assets. Is it necessary to have a financial court order?
Unless and until there is a binding court order, your and your husband’s financial claims against each other remain open. Your husband could therefore make a financial claim against you at any point in future, by which point your financial position may have improved. It is in your interests to ensure that the agreement is documented into a binding court order, even if that order simply provides that you and your husband will not be able to bring any claims against each other in future.
My wife has had an affair, and told me that she wishes to divorce. Am I entitled to more money on separation as a result of her affair?
Whilst a party’s conduct is one of the factors that the court will take into account when determining a financial settlement, conduct will only be taken into consideration when it would be unfair for the court to disregard it.
Whilst there is a range of factors for the court to consider, the parties’ needs (and particularly those of any children) such as accommodation and how their outgoings will be met, will take priority. The court’s assessment is therefore forward-thinking, rather than historical. There is not usually any scope for conduct to then be taken into account, unless it is extremely serious and extreme. The court is unlikely to consider an extra-marital affair to be behaviour that is sufficient to affect the financial settlement. It is understandable that many people consider that to be unfair, but the court’s priority must be on the parties (and children’s) needs moving forward.