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This is a complex matter and the court must consider all of the issues in section 25 of the matrimonial causes act. But the courts will generally start from considering the point of equality of division of marital assets, and how that works out to fulfil the needs of each person. And the court has an obligation to put the needs of any children first.

This is not included in marital assets in the first instance, but must be revealed in disclosure as a resource available. If there are sufficient marital assets to fulfil all the needs of the parties, then inherited assets may not be taken into account and therefore retained by the inheriting party. However if the inherited monies have clearly been absorbed into the family finances, for example by being used for a family home, or being used for an income resource, then they are likely to be included in the division particularly after a long marriage.

No. All assets acquired and income earned by the efforts of either or both party during the course of the marriage are regarded as joint marital assets, and the court will not do an exercise in calculating the income contributions of each party over the course of the relationship.

Impossible to predict without examination of the finances of the marriage, and an indication of the attitude of your partner. The vast majority of cases settle by agreement, but this may be after some court proceedings to establish a clear picture of the assets or income, reports from experts on valuations or division of pensions, and an indication from the court at a financial dispute resolution hearing as to what a reasonable settlement might be.

The court sets a timetable so that there are no unnecessary delays. If it is not possible to mediate a settlement, we recommend making an application to use the court time limits constructively in negotiation. In most cases, this leads to a settlement which is filed at court as a consent order, and that will terminate the court involvement.