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Family Justice Council examines financial needs after divorce

The Family Justice Council has published a guide to financial needs on divorce.

It is aimed at primarily at legal professionals , unlike the Council’s guide to divorce finance for litigants in person, which was published earlier this year.

Guidance on “Financial Needs” on Divorce is written to clarify the meaning of ‘needs’ when couples divorce and provide a clear statement of the desirable outcomes of financial orders on divorce and encourage consistency of approach.

It was written with reference to the most common type of divorce, in which the assets available do not exceed the reasonable needs of the parties and there is consequently no need for expensive court action over the excess finances. The aim is to encourage financial independence for both parties  as soon as possible.

The guide highlights the central role of family obligations and children in creating financial dependency and establishing specific needs on divorce – principally housing and income, including after retirement.

In his foreword, Family Division President Sir James Munby explains that the publication offers legal professionals “a succinct summary of the law”. He adds:

“I trust that …colleagues will find the Guide helpful and will consult it as a useful reference guide. The intention is that it will be revised and updated at regular intervals and, to this end, the Working Group welcomes feedback with a view to informing future revisions.”

The Family Justice Council is an advisory body sponsored by the Ministry of Justice.

Read the guide here.

The blog team at Stowe is a group of writers based across our family law offices who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. As well as pieces from our family law solicitors, guest contributors also regularly contribute to share their knowledge.

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  1. Andy says:

    As per all divorce endings there is never a winner or looser.
    It seems for the male the end is in sight, the cost to get this far has been high with lies, arguing and more lies…it just is never endless…
    Court is the only option, you book your court time, instigate a barrister at high cost, you near the date of reckoning…
    Day of justice arrives,you want your say, you deserve your say..judgement is given from all disclosed evidence you have a fair chance of being ahead.
    Judgement given.
    1. You must pay the ex, bla bla,lump sum payments till you die.
    2. You must pay child maintenance till the age of 21.
    3. Pension sharing order even in retirement.
    4. Spousal maintenance for life or until one dies.
    5. Housing needs payment and to support the ex with monies for this reason.
    You thought you were in a stable and sustainable position now your broke,75% or your salary gone to your the way she can claim all benefits available and your spousal maintenance with CMS Calculsted payments…you feel sick,you have all sorts of emotions you wonder how you are going to pay and survive…
    And the courts who dish out this death sentence feel that it is correct,,make your own mind up….

  2. Divorce Candor says:

    Any steps towards having both parties end up financially independent can only benefit all those involved. Divorce is difficult enough- Add the stress of finances and it can be overwhelming.
    Divorce Candor

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