In divorce proceedings in England and Wales, the court has the authority to make various orders to address the financial and practical aspects of the separation. These orders aim to achieve a fair and equitable outcome for both parties involved. Here are some of the common orders that a court can make:
- Decree Absolute: This is the final order that officially ends the marriage. It is granted after the Conditional Order (formerly known as the Decree Nisi), which is an interim order indicating that the court is satisfied that the grounds for divorce have been met.
- Financial Orders: These orders deal with the division of assets, income, and financial responsibilities between the parties. They include:
- Consent Order: If the parties reach an agreement on financial matters, they can submit a Consent Order to the court. This order outlines the agreed-upon financial settlement and, once approved by the court, becomes legally binding.
- Property Adjustment Order: This order determines how the family home or other properties will be divided or transferred between the parties.
- Lump Sum Order: This order requires one party to pay a specified amount of money to the other party as a one-time payment.
- Spousal Maintenance Order: This order determines the amount and duration of financial support that one party must provide to the other after the divorce. It aims to address any disparities in income or earning capacity.
- Pension Sharing Order: This order allows for the division of pension assets between the parties, ensuring that each party receives a fair share of the pension benefits.
- Child Arrangements Orders: These orders determine the living arrangements, contact, and other aspects of parental responsibility for any children of the marriage. They include:
- Child Residence Order: This order determines with whom the child will live and the extent of contact with the non-residential parent.
- Child Maintenance Order: This order establishes the financial support that one parent must provide for the child’s upbringing, including regular payments or other financial contributions.
- Specific Issue Order: This order addresses specific matters related to the child’s upbringing, such as education, medical treatment, or religious upbringing.
- Prohibited Steps Order: This order restricts a parent from taking certain actions or making specific decisions regarding the child without the court’s permission.
It is important to note that these orders are not exhaustive, and the court has the discretion to make other orders as necessary to address the unique circumstances of each case. It is advisable to seek legal advice to understand the specific orders that may be applicable in your situation and to ensure that your rights and interests are protected throughout the divorce proceedings.
If you are considering divorce or already on the road but need assistance with any of the above orders why not give one of Alexander JLO’s expert lawyers a call on 020 7537 7000 or email peter@london-law.co.uk and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here