Navigating financial settlements during divorce can be overwhelming, especially for litigants in person. The Family Justice Council’s March 2024 guide, "Sorting Out Finances on Divorce," serves as an essential resource for individuals seeking clarity in an often-confusing process.
Key Principles of Financial Settlements
- Prioritising children’s welfare: The law mandates that the needs of children come first, ensuring stable housing and financial support.
- Meeting financial needs: Settlements aim to provide both partners with housing and income to meet their reasonable needs, considering factors like age, earning capacity, and standard of living during the marriage.
- Achieving a “clean break”: Wherever possible, the goal is to enable financial independence post-divorce, though this may not always be feasible.
Practical Guidance for Litigants
The guide emphasises transparency and cooperation:
- Full financial disclosure: Both parties must provide complete information about their assets and income to facilitate fair negotiations.
- Consent orders: Turning agreements into binding court orders ensures enforceability and prevents future disputes.
- Accessing support: While legal aid is limited, resources like mediation can provide affordable pathways to resolution.
Empowering Litigants
By demystifying complex legal principles and offering real-world examples, the guide empowers individuals to negotiate fair settlements. However, it also underscores the need for systemic reforms to make the process more accessible and equitable.
Financial fairness shouldn’t be a privilege reserved for those with legal representation—it’s a right for all.
