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cost of settlement
Posted by: suzy89
23/06/09 at 6:27 pm
My father in law is considering splitting from his wife of four years but is concerned as to how much he will have to pay in settlement. He went into the marriage with his own house and business. His wife was renting a house so moved in with him. She does not work so my father in law pays for all bills etc. They have no children together.
Does anyone have any idea of how much she would be entitled to if they were to divorce? Thank you
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Re: cost of settlement
Posted by: Suzanne Kingston, partner, Dawson's Solicitors
01/07/09 at 12:12 pm
Your query specifically asks about the rights and entitlement upon a divorce but more information would be necessary to provide any specific advice. The Court have wide discretion and although their starting point is 50:50 approach, the court will take into consideration various factors which means that the end result may depart from the principal of equality.
The Court considers each factor and decides upon an award believed to be fair in all the circumstances of the case. In your father in law case, the most relevant factors will be the length of the marriage, the needs of the spouses and his wife’s earning capacity.
The factors are known as the section 25 factors from Section 25 of the Matrimonial Causes Act 1973. I set these out below:
a) The earning capacity, property and other financial resources which each of the parties of the marriage has or is likely to have in the foreseeable future.
b) The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
c) The standard of living enjoyed by the family before the breakdown of the marriage.
d) The age of each party to the marriage and the duration of the marriage.
e) Any physical or mental disability of each of the parties to the marriage.
f) The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family.
g) The conduct of each of the parties.
h) Any loss of benefit that the parties may have by reason of the dissolution of the marriage e.g. pension.
