Determining a fair divorce settlement is a difficult
process. The most important thing you need is a good divorce lawyer
such as Glenn Duker,
solicitor. If you can’t get to a lawyer right away, this article will
give you a bit of insight into what the court will aim to do when
determining a divorce settlement.
The court will determine the marital net worth,which
are the combined assets and liabilities of the couple. You will need to
access and prepare everything including assets, gross income of
spouses, debt, tax returns, 3 years’ income tax, joint accounts,
insurance policies, and business records that both spouses are invested
in.
Of course it is the aim of the court to divide the couple’s assets fairly between them. But what is fair?
Couple A
Spouse 1 has a well paying job and has been the
breadwinner in this relationship. Spouse 2 is a stay at home parent and
has spent the majority of their time at home looking after the kids
and maintaining the house. In this case, splitting the assets 50/50
will not result in a fair settlement as Spouse 2 does not have any work
experience, qualifications, will struggle to get a job as a middle
aged person, and requires more money to look after the children. In
this case, the split of the assets needs to ensure that both couples are
comfortable in the future.
Couple B
Spouse 1 has a well paying job and is the
breadwinner. Spouse 2 was caught cheating on Spouse 1. Spouse 1 will
argue that due to Spouse 2’s lack of commitment in the relationship,
they should not deserve any of Spouse 1’s assets. This is a similar
scenario to breaking a business contract.
Conclusion
There is no clear cut answer for what the couples in
the above cases will receive. Each individual case is up to the
discretion of the court. This ambiguity makes it more and more
important to have a good legal representative on your side, such as Glenn Duker, lawyer. For more information, contact the Glenn Duker office today.
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