Disability and how this is considered in Divorce or the Dissolution of Civil Partnership
When a Court looks at a couple’s financial summary of assets, liabilities, income and expenditure, they apply criteria laid down in Section 25 of the Matrimonial Causes Act 1973. One of those criteria is disability and another is the capacity to earn an income. If your disability requires a home which is modified for you or if it significantly affects your ability to earn an income for yourself, then this is taken into account when working out how the assets etc, are to be divided. There is no set formula and there are other criteria to consider too, such as the needs of any children.
When making arrangements for children and who is going to care for them, any disability will again be considered to see if this affects any arrangements you might make. You might want to take account of carers costs or child-minding possibilities.
In a mediation, time can be given to look at these factors and perhaps think more creatively about how they can be resolved to suit your individual needs and those of your family. You also remain in control of any decisions you make between you so that you can try arrangements out before settling on a final decision. Flexibility and reviews can be built in to help you both think about the future as needs change.
NFM is a network of professional family mediation providers based in England and Wales that work with families affected by relational breakdown. All providers aim to help clients achieve an outcome that works best for them and their family
If you would like to get more information about mediation and/or make an appointment you can contact NFM direct on 0300 4000 636 or you can also contact a NFM family mediation provider in your area.
All services also take referrals from Solicitors, the court or other helping / support agencies.