Transcript for Divorce Advice: Maintenance Orders Explained – Top Divorce Lawyer Marilyn Stowe
When a court is making a decision about finances, it can make a number of orders. It can make maintenance orders, short term, medium or long term for life or until death or remarriage. It can make a lump sum order. It can make a transfer of property order. It can share a pension, whether or not the pension is in payment. It can make orders which are much more esoteric in relation to trusts and companies.
In effect, the court can make orders in relation to all the assets and income of the parties and share them fairly between them.
How the court does it is set out in Section 25 of the Matrimonial Causes Act 1973 and I would suggest people look at that because that is the law. That’s where the judge will turn to in order to make a decision.
Can there be a clean break between the parties so that there are no further financial obligations, one party against the other? What happens in relation to the children? What are the needs of the parties, including the needs of the children, their obligations and responsibilities moving forward? How long have they been married? What factors might impact on a settlement? For example, disability, the ability to earn more money than they are at the moment.
It’s those kinds of things that the court will look at and then apply those factors to the specific circumstances of your marriage.
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