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What is spousal maintenance?
Spousal maintenance is a payment made by one spouse to the other following a divorce. It is in addition to child maintenance.
read moreThere is no automatic right to spousal maintenance. The amount of maintenance is decided based on the couple’s financial needs and income.
Spousal maintenance (interim) can start during the divorce proceedings. Once a financial settlement is agreed, longer-term spousal maintenance will begin.
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What is a prenuptial agreement? |
Also known as ‘prenups’, prenuptial agreements are written contracts that couples can enter before marriage or civil union. The prenup outlines ownership of money, assets, or property and what will happen to them in the case of divorce or dissolution. |
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How does spousal maintenance work? |
Different to child maintenance, spousal maintenance is a payment from one former spouse to another after divorce. The amount can change at any time and should be decided based on financial needs and income. A divorce lawyer can help you come to an agreement on how much spousal maintenance should be paid out of court. |
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What is a freezing order? |
Commonly used in divorce or dissolution cases, freezing orders prevent one spouse from disposing of assets until a case is resolved. This protects the other part from missing out on assets they may have matrimonial claim over. |
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Who decides how much spousal maintenance I will pay/receive?
Your divorce lawyer will advise you of how much spousal maintenance a judge is likely to award you, and this will inform any negotiations you have.
If you are unable to agree on an amount and your case goes to court, the judge will decide how much you should receive.
Ideally, you will be able to reach an agreement without a judge having to decide the outcome.
You can consider mediation, arbitration or a Private FDR to help you reach a settlement.
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Watch out for pensions! Many people fail to include these or will trade off pension claims to receive more capital from the family home, but this can lead to unfair outcomes so expert legal advice, often including an actuary’s report, is vital.
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As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.
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We keep you informed. Take a look at our support section, which features a range of helpful guides, focusing on important topics including finances and mediation.
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Having trained as a barrister, Sebastian Burrows is able to conduct his own advocacy and does so very successfully and persuasively. Seb has built up a strong reputation in matrimonial finance matters, particularly when it comes to dividing pensions, litigating city bonuses and achieving top-class results in dividing property portfolios. His case a… Read morenalysis is clear and his instructions succinct and to the point. His natural affable charm is the icing on the cake of his considerable legal and practical knowledge. He is very able – a gifted litigator and strategist.Let's ask S M
I've recently used James Looi for a consent order and found him to be very personable and extremely professional with dealing with the case. He took the time to listen and understand and was very patient throughout the whole process. Thanks again, James!Let's ask Legal 500
Helen Miller is great to work with in order to achieve a fair resolution on financial matters. She is approachable, takes a sensible and pragmatic approach, but is certainly no pushover. She represents her clients well.Let's ask Legal 500
Jemma Slavin is a passionate advocate of her clients’ causes and knows each case extremely well. Jemma is alive to what the client needs from the legal proceedings and does all she can to help them achieve it.Let's ask Mr C
Stowe Family Law provided professional support and direction during a difficult and contentious divorce proceeding, involving court settlements for financial and child custody elements. Despite demanding court deadlines and some challenges associated with exchanges between solicitors, Kate (and the Stowe Family Law team) was always able to meet dea… Read moredlines and even contacted me outside of normal working hours when swift communication and action was required. I found Kate’s review and crafting of legal documents to be very helpful. Kate was able to recommend and co-ordinate with a very competent barrister to represent me during the court appearances and supported those interactions herself during those times. Although going through a divorce can be an incredibly sad and harrowing time, the legal services that were afforded by Kate did aid in making me feel supported and professionally guided during the overall process.Let's ask Legal 500
Jemma Slavin is an all-round brilliant lawyer – she is excellent with clients and well-liked by local solicitors as an opponent, not because she is an easy opponent but because she always takes a proportionate and cost-effective approach to cases. Rachel Fisher is a friendly but formidable lawyer who is extremely good for her years of PQE. Joanna… Read more Newton is a brilliant addition to the firm – a truly high-class act.‘Let's ask Anon
I was put in touch with Matthew (Matt) Taylor to assist me with my recent divorce matters. My case was far from straightforward and was contested by the other side at all levels: cohabitation duration, pre-acquired assets and marital assets in two countries. Matt was extremely helpful, responsive and proactive throughout the entire process, which w… Read moreas a long challenging one for me. Matt made it as easy and as smooth as possible with his professional and understanding approach. He explained everything to me in-depth, each step of the way, allowing me to completely understand what options I had. Matt always had my best interest in mind and was efficiency-driven throughout, making the process as time and cost-efficient as possible. Thank you, Matt, I would not have made it through the process without your professional help and personal touch.
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