Family Law

Property and Finance

The factors that the Court will take into account are set out in the Matrimonial Causes Act and include the treating of any welfare of any minor child of the family when dealing with an application for a Financial Order. However, the Court will also consider the following:

a)
1. The income, earning capacity, property and other financial resources, which you and your spouse has or is likely to have in the foreseeable future, including, in the case of earning capacity, any increase in that capacity which would in the opinion of the Court be reasonable to expect you and your spouse to take steps to acquire;
b)
2. The financial needs, obligations and responsibilities which each of you have or are likely to have in the foreseeable future;
c)
3. The standard of living enjoyed by the family before the breakdown of the marriage;
d)
4. The age of you and your spouse and the duration of the marriage;
e)
5. Any physical or mental disability that either you or your spouse may have;
f)
6. The contributions which each of you have made or are likely to make in the foreseeable future, for the welfare of the family, including any contribution by looking after the home or caring for the family;
g)
7. The conduct of you and your spouse, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;
h)
8. In the case of proceedings for divorce or nullity of marriage, the value to you and your spouse of any benefit which, by reason of the dissolution or annulment of the marriage, you or your spouse will lose the chance of acquiring. This could be a pension, for example.
i)
9. With regards to the exercise of the power of the Court, in relation to a child of the family, the Court shall in particular have regard to the following:

(i)
1. The financial needs of the child;
(ii)
2. The income earning capacity (if any), property and any other financial resources of the child;
(iii)
3. Any physical or mental disability of the child;
(iv)
4. The manner in which he/she was being trained and in which either you or your spouse expected him/her to be educated or trained;
(v)
5. Considerations mentioned in relation to you and your spouse in paragraphs (i), (ii), (iii) and (iv) above.

In Financial proceedings, where either you or your spouse has, or is likely to have any benefit under the Pension Scheme, the Court shall additionally consider whether a Financial Provision Order should be made and if it feels that it should have, the terms of the order could be effected having regard to any such matters. If the Court does decide to make a Financial Provision Order, it can make provision for dealing with pensions. More likely, the Court may make a greater or less Financial Provision Order to take into account loss of pension benefit as a result of the breakdown of the marriage.

Fraudulent disposal of property

If you believe your spouse has disposed of or dissipated any of the assets, then you can apply to the Court to set aside a transaction. You will need to demonstrate the following:

1. This disposition is about to take place;
2. This took place less than three years ago;
3. This will have the effect of defeating the Applicant’s claim for ancillary relief.