The steps involved

The settlement could include an agreement for one of you to pay the other a one-off lump sum. This may be, for example:

If you were not married or in a civil partnership, then a new relationship will not impact on your financial rights or obligations towards your former partner.

The cost of bringing up children increases as they get older. Try talking to your child's other parent to see whether you can agree an increase in the level of maintenance that is being paid. If you cannot agree and the level of maintenance being paid has been set according to a CSA agreement (see If you have children), then you should speak to a solicitor to see whether it would be possible for you to ask the court to increase the amount being provided. There are only limited circumstances where this would be possible (see If you have children - when to use a court).

If you were not married or in a civil partnership then a change in your capital position or that of your partner is unlikely to give rise to any financial claims between you, although it may be possible for you to make further claims on behalf of any children (see if you have children.)

If you were not married or in a civil partnership, then if there is a change in the income of either you or your former partner, you would not be legally entitled to make claims for maintenance against each other. However, you may be able to increase (or reduce) any maintenance payable for the benefit of any children either through the Child Support Agency or through the court (see If you have children).

To bring a civil partnership to an end either you or your civil partner will need to file an application (known as the dissolution petition) at your local county court.

The death of a former partner, spouse or civil partner can be a very difficult and distressing time. There can also be an immediate impact on your financial position.

There are two stages to the divorce process:

1. A decree nisi, which is an interim decree of divorce; and
2. The decree absolute, which finalises the process. (This means that the marriage is entirely at an end and either of you are free to re-marry if you wish).

If either you or your partner breaks the terms of the settlement, either of you may apply to a court to enforce it if the settlement was recorded in writing and incorporated into a court order.

Reaching an agreement or getting a court order is not necessarily the end of the story. You need to make sure that the terms of the agreement or court order are carried out. If one of you does not comply with the agreement, and if you are unable to sort out any dispute or misunderstanding (either directly or with the assistance of solicitors) then it is possible that an application would need to be made to court.

Some parents agree between them how much to pay for their children's upkeep. If you need help either you or your partner can seek advice from a solicitor or apply to the Child Support Agency (CSA) for a decision on the amount of maintenance that should be made. The CSA will also make sure the payments are made.

It is quite possible that in the months and years following a financial settlement, your or your spouse, civil partner or partner's circumstances will change in ways that could impact upon the financial agreements in place. This is something that you will need to keep under review. This section highlights the main issues that could affect you. These include enforcing an order or agreement, the effect of a change in your or your former partner's financial position, the death of a former partner and also the changing needs of any children as they get older or if you or your spouse or civil partner forms a new relationship.

As soon as it is clear that a separation is going ahead (whether or not a divorce or civil partnership dissolution will follow immediately), try to agree urgent, short term financial matters with your spouse or civil partner. If you cannot agree or are worried your spouse or civil partner may deal with the finances without telling you, consider taking the following steps to protect your position:

Family law involving more than one country can be very complicated. The legal position can be different depending on what countries are involved, and sometimes even between regions within a particular country.

Maintenance for a spouse or civil partner is usually paid monthly and part of the overall financial settlement (see Maintenance for children for details of how their needs are met) and is designed to:

• Cover any shortfall between the income (including earning potential, bonuses, dividend, state benefits and from any other source) that one of you has and your needs.
• If there is any income left over after both of your needs have been met, extra maintenance can be ordered if the judge thinks that the person receiving maintenance should benefit from that extra, for example to compensate one of you for giving up a highly paid career to bring up the children.