Property Law and Divorce


To many people their property is both a home and an asset, and so it goes without saying that property law features heavily in divorce cases.

In property law divorce and separation are readily taken into account, and provisions for this are contained within both the Matrimonial Causes Act 1973 and the Family Act 1996. However, the process of resolving such property issues (often referred to as 'ancillary relief') is not always straightforward.

The court makes the decisions which affect how property is divided after a divorce and these decisions are quite separate from the grounds of the divorce itself. They are also different to the grounds used to decide on how children are accounted for within the divorce, as their interests and well-being is always taken into account first. Therefore, in property law, divorce cases are judged on their own merits.

There are layers of complexities where property law divorce and family law cross over with one another and so it is essential to affirm that the most beneficial scenario is reached between each divorcing party. A specialist legal practitioner will ensure that the law can be utilised effectively to achieve such an outcome.

If you would like to obtain legal advice on property law in divorce cases then Caven can put you in touch with a local specialist property solicitor and a divorce solicitor free of charge. So, if you have any questions or would like our help in finding local property and divorce solicitors please call us at 08001 221 2299 or complete the web-form above.

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