Financial orders in divorce
What financial orders can the court make after a divorce?
The English court has very wide powers to order what it thinks is a fair financial outcome for each couple's circumstances in the event of divorce. The financial orders that the English court can make include:
- One spouse to pay the other a lump sum(s) of money.
- A transfer of property (for example, if a property is held in one spouse's name it can be transferred into the other spouse's name, or a joint asset can be transferred into one party's name only).
- A pension share where part of one spouse's pension is transferred into a separate pension in the other spouse's name.
- Spousal maintenance (sometimes called spousal periodical payments, and in some other countries called 'alimony'), which are regular payments out of one spouse's income where the other spouse needs this for their own income needs.
- In some circumstances, child maintenance. Child maintenance is usually dealt with by the government's Child Maintenance Service where an agreement cannot be reached, but it can instead be dealt with by the courts if one of the parents does not live in England or if the payer's annual income exceeds £156,000 gross. Orders can also be made by the court for the payment of school fees.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
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