Whether it be a product of the increased pace of life or simply a modern reality, couples who have every intention of staying together when the relationship commences, often find that the solution to the relationship later one may have to be separation.

If a marriage or domestic relationship has irretrievably broken down, the parties at some stage have to address a property settlement, to finalise all the financial matters between the two of you.  In the case of a married couple who divorce, any Court process has to be initiated within 12 months of a divorce. In the case of parties who have never married, an application to a court must be made within 2 years after the day on which the relationship ended.

Broadly the Courts apply a three step analysis:

• assessing the parties' Property Pool; the net value of all assets, regardless of legal ownership;
• assessing the financial and non financial Contributions of each party to the relationship; and
• The future Needs and abilities of the parties - their ages, states of health, ability to earn future income and the ongoing support of their children.

However, most cases are not decided by the Courts as they settle before the matter goes to trial, usually at mediation. 

If you do not want to go down the litigation process you might like to consider Collaborative Law.

Our contacts:
Andrew Pickles Partner
Peter Cutting Solicitor
Vesna Pocuca Solicitor