Dividing assets upon divorce is not as straightforward as you might expect, and the court has a large discretion in deciding how the assets should be split.

There are many factors that will be taken into consideration, which are outlined in Section 25 of the Matrimonial CausesAct 1973. These include:

  1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
  2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
  3. The standard of living enjoyed by the family before the breakdown of the marriage;
  4. The age of each party to the marriage and the duration of the marriage;
  5. Any physical or mental disability of either of the parties to the marriage;
  6. The contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;
  7. In the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

The first factor the court and your solicitors will consider in determining how matrimonial assets are divided is the welfare of any dependent children under 18.

In addition, the Court will also factor in the idea that marriage is a partnership and therefore the results of that partnership should be shared, as well as whether one spouse should be compensated for the way financial affairs were managed during the marriage, which could have resulted in them missing out on the chance to accrue assets, income or pension provision.

Protecting your business during divorce

If you own a business then you will naturally want to protect it if you are going through a divorce, however it will not aid your case if you try to avoid future claims by moving assets or shareholdings.

If you are the sole owner of a business then if you get divorced the business will be treated by the courts like any other asset, in which case it may be divided and shared.

During divorce proceedings the business may be valued, the outcome of which could influence discussions in court. Your business may be scrutinised and its liquidity looked at to assess whether it can be used to meet the claims of the family.

At Rothera Bray we have the expertise to assist you with this specialised area of law and can also draw on the expertise of our commercial teams where needed.

We would always suggest seeking advice early so that you can best prepare yourself and gain an understanding of how the court process works and what you might plan to do to avoid an outcome you don’t want.

Why use Rothera Bray to protect your assets during divorce?

We will work with you to gather information on your financial position and that of your former spouse’s.

If you are a business owner we can advise on drawing up a pre or post-nuptial agreement to limit the claims your spouse can make against the business if you get divorced.

We can advise you on keeping your business assets and your private assets separate and draw on the experience of our commercial teams We can also advise on Matrimonial Home Rights which prevent a spouse from being evicted from the matrimonial home by the spouse who is legally entitled to occupy the property.

Contact our Family Law Team

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David Berridge, Family Law Partner
“We have the skills and experience to bring about an equitable division of assets.”

David Berridge
Family Law Partner

If you’re happy then we’re happy too.

Contact our Family Law Team
Our Family Law Team
Anne-Marie Bowman, Family Law Partner

Ann-Marie Bowman

Partner & Chairwoman

Ann-Marie Bowman is Partner and Chairwoman of East Midlands-based law firm Rothera Bray Solicitors. Working from our Nottingham and Derby offices, Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children matters.

Joanne Millward, Head of the Family Team at Rothera Bray

Joanne Millward

Partner & Head of Family Law

Joanne Millward is Head of Rothera Bray’s Family Law department and has over 30 years’ experience dealing in all areas of Family Law in our Nottingham Lace Market, Derby, Beeston and Mapperley offices.

 

David Berridge, Leicester family law partner

David Berridge

Partner

David has over 30 years’ experience practicing Family Law. He is one of the most experienced family solicitors in Leicestershire and deals with a wide variety of matters.

Rebecca Emeleus

Rebecca Emeleus

Family Partner & Head of Talent & Resourcing

Rebecca is a Partner in the family team and is based at our Kayes walk, Nottingham office.

Sarah Gill, Family Law Partner

Sarah Gill

Partner

Sarah is an experienced matrimonial and family law solicitor, dealing with children matters including Child Care, Financial issues following separation of married couples and divorce.  She undertakes court work in Leicestershire, Northamptonshire & Warwickshire. She is based at our Market Harborough office.

Charley Kelly, Associate Solicitor in the Family Department

Charley Kelly

Associate Solicitor

Charley is an experienced Family Associate Solicitor who specialises in all areas of Family law. She acts for clients on a wide range of family issues including divorce, financial remedy and children matters. She is based at our Leicester office.

Gurpreet Singh, Associate in Rothera Bray's Child Law Department

Gurpreet Singh

Associate

Gurpreet Singh is an Associate in Rothera Bray’s Child Care department and is based at our Derby office.

Emma Adcock, Family Law Solicitor

Emma Adcock

Solicitor

Emma Adcock is a Solicitor with over 20 years’ experience across a wide range of family law matters arising from relationship breakdown.  Working from our West Bridgford office in Nottingham, she has significant experience in divorce and the accompanying financial settlements.

Rebecca Hudson

Rebecca Hudson

Solicitor

Rebecca is a Solicitor in Rothera Bray’s Family Law department and specialises in divorce and matrimonial work. She is based at our Lace Market office.

Gabriella Kent, Child and Family Law Solicitor

Gabriella Kent

Solicitor

Gabriella Kent is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market and Derby offices.

Christopher Monro

Christopher Monro

Senior Solicitor

Chris is an experienced solicitor dealing with most areas of Family and Matrimonial Law and is based at our Market Harborough office.

Emily Sherwood, Solicitor in Rothera Bray's Family and Children Law department

Emily Sherwood

Solicitor

Emily Sherwood is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market Nottingham and Derby offices.

Cindy Dodd

Cindy Dodd

Senior Paralegal

Cindy Dodd is a Senior Paralegal in Rothera Bray’s Family Law team and is based at our Lace Market office in Nottingham city centre.

Gita Patel, Senior Legal Secretary at Rothera Bray

Gita Patel

Senior Legal Secretary

Gita Patel is a Senior Legal Secretary in the Family Law department at Rothera Bray and is based at our Leicester office.

Lorraine Lloyd

Lorraine Lloyd

Paralegal

Lorraine is a Paralegal in the Family Department based at our Market Harborough office.

Tracey Cosgrove, Legal Secretary at Rothera Bray

Tracey Cosgrove

Legal Secretary

Tracey is a legal secretary in the Family department based at our Leicester office.

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