Your Local Community Magazine
Page 8
In the second of my articles on expats and divorce in England, I am going to look at how the English Courts look at property in a divorce.
Expats and divorce in England part 2
The Court can be asked to adjust how any asset of the marriage is owned, for example, by transferring an asset from one spouse to the other, a “property adjustment order”, by ordering one to pay a lump sum to another, a “lump sum order”, and there are orders for sharing pensions, a “pension sharing order”.
Part of the process of applying for a “Financial Order” is for each party to file a detailed breakdown of their finances. This is a bulky document containing copies of bank and credit card statements, property deeds, valuations, mortgage statements, share certificates, life insurance, pensions, etc. If these items are in a language other than English they must be translated into English by a qualified translator.
First the Court will fix a “First Appointment” where the District Judge will review the case and give directions to both parties as to what they must do the case ready for hearing. This will include preparing a “Position Statement” setting out their present financial situation, their plans for their future life, and what they think they should receive out of the assets of the marriage and why.
When the Court divides the assets of a marriage it focusses on the future, not how the parties have behaved in the past. The Court will take into account the needs of any children, the earning capacity of the parties, their standard of living, and their ages. Only behaviour which has had an impact on the matrimonial assets, such as excessive gambling, or secret and excessive debt is relevant.
One issue that often arises is that the parties believe that they should receive enough money in the financial settlement to buy a house. The Court is only obliged to try and ensure that both parties are adequately housed, and this can be either in a home that is owned or rented.
If you are considering divorce proceedings contact Ana Gay at Linkpoint Legal in Spain on 966 260 500
anagay@linkpointlegal.com or Michael Olmer at Clapham & Collinge Solicitors in England on +44 (0) 1603 693592
mo@clapham-collinge.co.uk.
Female Focus
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