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In England and Wales, divorce courts will aim to provide a fair settlement for both parties and any children by considering a wide range of factors. All possessions and assets owned by both parties whether before or after the marriage are considered in any settlement in an English court. Your family law solicitor can advise you on the likely division of assets but in the main the English courts will consider income, earning capacity, and the financial needs of both parties when making a decision. The English courts stated aim is to provide fairly for both parties having regard to the standard of living they have become accustomed to, their age, physical disabilities and the residency of any children. The outcome is rarely affected by the conduct of either party unless it is exceptional. In Scotland the courts are considered less generous. Scottish courts only look at possessions and assets acquired during the marriage. So for example whilst a spouse would be entitled to a share of a pension, they would only be entitled to the share that accrued whilst they were married. The stated aim in Scotland is to achieve a clean break, so courts are more likely to assess the value of all assets before demanding a one off payment or transfer of assets to a spouse. In England, the courts can make a variety of orders relating to financial settlement, including maintenance payments, one off payments and the division of assets. Generally speaking in both jurisdictions the main goal of divorce courts is to achieve fairness. This is often demonstrated by the tendency towards a 50:50 split in divorce proceedings although the reality is often more complicated than this. Your divorce solicitor will be able to advise you on how to achieve the best possible outcome for you and your family.
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