Am I entitled to continue the lifestyle to which I have become accustomed if I divorce?

The end of a marriage often leads to a lot of financial worry for those involved. One factor that many are concerned about is will they be able to continue to afford the lifestyle that they had with their spouse during the marriage. Here, McAlister Family Law Partner, Fiona Wood, looks at what the judges will consider when dealing with the financial aspects of a divorce.

When a financial settlement is made in divorce proceedings the judge will have to look at dividing the capital assets and pension assets in a way that meets both spouse’s capital needs (this is usually housing needs, paying debts and funding retirement – if there are reasonable pension provisions). Once the Judge decides what capital and pension assets the spouses will have, they can then consider if one spouse needs spousal maintenance from the other, or a capital sum in lieu of spousal maintenance, to assist them to meet their needs.

A judge has to consider the lifestyle that the couple enjoyed during their marriage, when considering what a fair settlement is. However, if the couple’s assets and incomes are modest, inevitably both their lifestyles will be negatively impacted by them divorcing. The greater the couple’s assets and income the more likely they will receive a financial settlement that allows them to continue the lifestyle that they had during the marriage.

When dealing with the financial aspects of divorce it is usual for both spouses to state how much they need to buy a house, if they are not saying that they want to stay living in the family home. Where there is less capital, both of the couple may have to downsize as part of their divorce settlement. If there are more assets one may be able to keep the family home and the other purchase another property of a similar value. The value of a house that is suitable for each spouse depends upon the couple’s assets and can be a point of dispute between the couple.

Divorcing spouses also need to state their income needs. Not only does this include essential expenditure such as mortgage payments, food and utility bills, it can also include less essential expenditure such as holidays, entertainment, gardeners etc. Those with significant wealth have huge schedules of income needs, including staff, private jets and the funding of several properties. If the couple cannot agree their settlement and a judge has to adjudicate on the issue, it is likely that they will be asked about their stated income needs and to justify them. To justify them they need to show that this is the level that you and your spouse spent at during the marriage. It is the lifestyle that you had.

Judges are critical of those spouses whose income needs are more of a wish list than a reflection of the lifestyle enjoyed during the marriage. For example if you and your spouse only had one holiday a year in Europe, if you are now saying that you need sufficient money from your spouse to fund several holidays a year, including long haul destinations, a judge is unlikely to say that this is reasonable.

You are not automatically entitled to continue the lifestyle to which you have become accustomed if you divorce, but the lifestyle that you enjoyed as a couple is relevant, and if there is sufficient capital and income it is likely to be maintained,

If you are worried about your financial future if you divorce, you should take advice from an expert family lawyer.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Forced Marriage Protection Orders, what are they and who can apply for one?

A marriage should always be someone’s choice, but sometimes people are forced into marriage. In his latest blog for McAlister Family Law, Sereyvudd Pheanouk looks at Forced Marriage Protection Orders and explains who can apply for one.

What is a Forced Marriage?

A forced marriage is where one or both parties do not, or cannot, consent to the marriage.

Forced marriages can occur with anyone from all backgrounds, nationalities, males and females, and does not just happen to young people, but adults as well. Forced marriages are not to be confused with arranged marriages, in which both parties have a say and agree to the union.

Forced Marriage Protection Orders

The Forced Marriage (Civil Protection) Act 2007 provides the Court the ability to grant Force Marriage Protection Orders (FMPO) to protect the victim from coming into any further harm, in relation to the forced marriage.

An FMPO acts as a deterrent for perpetrators to approach the victim, similar to a non-molestation order or injunction. The purpose of the FMPO is to protect the victim from being forced to marry; however, it can also restrict the perpetrator from doing certain acts such as taking the victim out of the country, making marriage arrangements, contacting the victim directly/indirectly, and it can protect the victim from violence.

Powers of arrest can be attached to the order and if breached, the perpetrator could face imprisonment under contempt of Court.

Who can apply for a FMPO?

You can apply for an FMPO if you are:

Being forced into a marriage; or
Already in a forced marriage

A relevant third party of any victim with permission from the Court can make an application for a FMPO on their behalf.

Local Authorities can also apply for a FMPO on behalf of the victim if they consider the victim to be vulnerable or under 18.

An FMPO can be made without notice; however, this is on a case by case basis. This means that the respondent will not be notified that an application for an FMPO has been made. The respondent will receive notice once an order has been granted.

There is no court fee for making an application and legal aid is available for applications subject to a means test.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with advice and assist you in applying for an FMPO. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk