Divorce law: Section 25 Statement
Financial dispute resolution
The family team at Herrington Carmichael is experienced in dealing with all matters in relation to financial dispute resolution following the breakdown of a marriage. We pride ourselves on being highly approachable, sensitive, and supportive during what can be a difficult and emotional time.
We can assist you with the process of agreeing a financial settlement with your spouse but if an agreement cannot be reached, we can guide you through the court process and represent you at a final hearing when a Judge will determine an outcome for you. The process will usually require both parties to file and serve a written statement, called a Section 25 Statement, detailing all those matters to which the Judge must have regard in making his or her decision.
Process of applying for a Financial Order
If a court application is made for a Financial Order, the court will give the parties a list of things to do. They will usually have to attend at least 2 court hearings to present and discuss with each other and the Judge their financial and other circumstances. After the second hearing, if an agreement cannot be reached, the Judge will commonly list the matter for a final hearing (“Trial”) and order the parties to file and serve a Section 25 Statement. This is a hugely important document and we will assist you in preparing it with the care and attention required to provide the Judge with all the key information required (when read in conjunction with that filed by your spouse and considered alongside your oral evidence) to make a final financial order.
What is a Section 25 Statement?
The law is written both in statute and case law. A statute is an Act of Parliament. Case law is essentially law that has been made by Judges in Court at final hearings and is effectively a written report of their decision. The statute applicable to divorce and financial matters is called The Matrimonial causes Act 1973. Section 25 of that statute details all the factors a court must take into consideration when deciding a financial outcome on divorce:
- the income, earning capacity, property and other financial resources which each party has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the Court be reasonable to expect either party to take steps to acquire
- the parties’ respective financial needs, obligations and responsibilities now and in the foreseeable future
- the standard of living the parties’ have enjoyed
- the parties’ respective ages and the duration of the marriage
- any physical or mental disability of either party
- the contributions which each party has made or is likely to make in the foreseeable future
- the conduct of each party, if that conduct is such that it would be in the opinion of the Court be inequitable to disregard
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