Family partner, Lisa Pepper answers divorce law question posed by leading website This is Money

Questions posed regarding divorce law matters were answered by Lisa Pepper, an experienced specialist family law practitioner. Lisa included an explanation of the main stages in divorce procedure when a divorce is undefended. This is Money article  

“When deciding a financial settlement on divorce, the court takes into account all assets and all incomes from all sources. That includes a post-separation inheritance which you would need to disclose if you are about to receive it.

There can be successful arguments about ring-fencing, for example arguing that certain assets should not be considered part of the matrimonial pot. This might include a post-separation inheritance, pre-marital pension contributions or an inheritance during the marriage that has not merged with other joint assets.

This, however, does not trump the needs of your spouse and she can argue they should be included if they are necessary to meet her needs. The court has the discretion to decide. Private pensions can be shared on divorce, but how the state pension is treated is more complicated and it is best to seek legal advice.

You mentioned your 24-year-old autistic son. If there are ‘special circumstances’ (which include the fact of a child’s disability) an order can provide for the needs of a child beyond their 18th birthday. You say, however, that he is not dependant and has accommodation for life, so therefore it is unlikely that it could be argued his needs are a factor, beyond the £50 per week you provide.

You have not mentioned whether your wife has remarried and I am presuming that she has not, since you aren’t divorced.”

Osbornes Law once again, this year received the Best Times Law Firm 2020 award, for the second year running. When making the award, the Times newspaper recognised Lisa’s individual work and support for clients. They noted her successful case for a client who moved to Australia after the split with the father, taking their child with then and her work negotiating settlements and shared child care arrangements.

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Lisa Pepper Partner
Family Law

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