We assist in all aspects of reaching a financial settlement and prepare all the divorce papers for you. A Mediator will ensure that each of you have disclosed all your financial information with the view of you both coming to an acceptable agreement.
Both parties’ pension funds are added together and included in the total assets of the parties. Length of marriage and earning potential are taken into account. You are both entitled however depending on how the whole asset is divided will depend on whether you receive a share of the pension or you off set it against another asset.
Only if the Judge wishes to discuss the financial order with you both if he feels that section 25 of the Matrimonial Causes Act 1973 has not been complied with. Section 25 of the Matrimonial Causes Act 1973 shows a number of important factors parties need to consider during the divorce proceedings. It relates to length of marriage, ages of the parties, their assets, incomes and earning capacities.
Your financial settlement comes under the Matrimonial Act 1973 and thus a Judge has to ensure you have both taken everything within section 25 of the Act into account. His duty to you both and the court is to ensure that all aspects of section 25 have been taken into account, and if he believes that you may have missed something, your order is unfair to one party or is unenforceable he will not rubber stamp you financial order.