• Income

• Property owned

• Mortgages

• Bank accounts held

• Savings accounts held

• Business assets

• Child maintenance costs including school fees

• Pensions Endowment policies

• Shares

• Insurance policies

• Debts

When assessing how these assets should be divided and/or distributed fairly, the court will take into account several factors, the most important of which is the welfare of any children under 18. The other factors include:

• The income, property and other financial assets of each spouse which they have now and are likely to have in the future. This includes earning capacity, which particularly comes into effect when ne partner took time out of work to look after children and now may not have a full earning capacity.

• The financial needs of each partner as well as their financial responsibilities and obligations both now and in the future.

• The family's standard of living prior to the marriage breakdown.

• Each spouse's age as well as the length of the marriage.

• Whether or not either party has a physical or mental disability.

• What contributions each spouse has made towards the welfare of the family. The value of any benefit (such as pensions) which either spouse will lose because of the divorce.

On taking all of the above factors into account, the court will come up with what it sees as the fairest settlement, which will not necessarily be a 50/50 split. This could be a 'one off' payment of capital, a periodic (usually monthly) maintenance payment or a combination of the two. The court can even make an interim maintenance order so that you are supported financially until a permanent settlement is reached.

The court would be unlikely to take into account the behaviour of either party as its role is not to judge or punish. Behaviour would only be examined in extreme circumstances such as, for instance, a case where one partner injured the other and so reduced their earning capacity.