Financial remedy in divorce refers to the legal process of resolving financial matters between spouses upon the dissolution of their marriage. This includes the division of assets, allocation of debts, and provisions for ongoing financial support. 

Not necessarily. Many couples are able to reach a financial settlement through negotiations or mediation without the need for court intervention. However, if an agreement cannot be reached, or if there are complex issues to resolve, court proceedings may be necessary. 

The duration of the financial remedy process can vary significantly depending on the complexity of the case, the willingness of the parties to cooperate, and the court’s schedule. Simple cases may be resolved relatively quickly, while more complex cases may take several months or even years. 

The court considers various factors, including the financial needs of each spouse, their earning capacity, contributions to the marriage, the standard of living enjoyed during the marriage, the welfare of any children, and any other relevant circumstances. If there are children of the family, the court’s main priority is that the main carer and the child(ren)’s needs are met. 

In some cases, yes. Financial settlements can be revisited if there has been a significant change in circumstances since the original order was made, such as a change in income, employment status, or financial needs. However, there is no automatic right to reopen financial settlements, and the court will consider each case on its merits. 

Both spouses are required to provide full and frank disclosure of their financial circumstances. If one spouse refuses to disclose relevant information, the court may issue orders compelling disclosure and may draw adverse inferences against the non-disclosing party. 

Yes, assets acquired after separation may be considered part of the matrimonial pot and subject to division, particularly if they are the result of efforts made during the marriage or are needed to meet ongoing financial needs. 

Hiding assets or dissipating funds is considered dishonest behavior and is not tolerated by the court. If one spouse is found to have engaged in such conduct, the court may penalize them by adjusting the financial settlement to ensure a fair outcome. This may include awarding a larger share of assets to the innocent party or imposing financial sanctions. 

A Clean Break Divorce is when both parties agree to sever all financial ties, preventing future financial claims against each other.

A Clean Break Order is a financial settlement that ensures neither party can make future financial claims against the other after the divorce is finalized.

Ancillary Relief refers to the financial claims made during divorce, covering property, maintenance, pensions, and other financial assets.