How Will my Neurodiversity Affect my Divorce and Financial Settlement?
In our series of articles on neurodiversity and divorce our Family Law Solicitors have looked at how neurodiversity in a family may affect your separation or divorce and how your child’s neurodiversity could have an impact on the child custody or contact arrangements. In this article, we focus on how a husband or wife’s neurodiversity can affect a divorce financial settlement.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Why is neurodiversity relevant to a divorce financial settlement?
All divorce financial settlements should, as far as possible, meet the needs of any children and both spouses and be ‘fair’ to both husband and wife. It isn’t always possible to do that when there isn’t enough equity in the family home to provide 2 deposits for new family homes or when there isn’t enough income to service 2 mortgages of the size needed to rehouse both husband and wife.
Neurodiversity is relevant to your divorce financial settlement in 2 ways:
- Whether you need to tailor the non-court dispute resolution methods to your neurodiversity to best help you reach a financial settlement or, if you need to make a financial court application or respond to a financial application, to understand how you can best be supported in the court process
- Whether your neurodiversity needs to be factored into the size of your divorce financial settlement or how the court order is structured
These points apply equally if your spouse is neurodiverse as their Family Law Solicitors or the court will want to consider these aspects.
Do all forms of neurodiversity affect divorce financial settlements?
Not all forms of neurodiversity will affect the outcome of a divorce financial settlement. Neurodiversity comes in many different forms, such as ADHD, autism or dyslexia. Every person will be affected differently by their neurodiverse condition.
A person on the spectrum may find it harder to cope with the family court process than someone who isn’t neurodiverse. Others cope better so it is best not to make assumptions. Equally, when it comes to the financial settlement there is a broad range of how each type of neurodiverse condition affects people. A Family Law Solicitor can find that a person with dyslexia may have always struggled to find employment while another person with the same condition has found a career in which they have excelled and found ways to work around their dyslexia.
If you or your husband or wife are neurodiverse it is best to let your Family Law Solicitors know so that early thought can be given to dispute resolution options or how your neurodiversity may affect your financial settlement.
Do I need a formal diagnosis of neurodiversity if I want to refer to my neurodiversity in financial settlement negotiations or court proceedings?
Possibly – but it all depends.
If you are negotiating a financial settlement a formal diagnosis and medical report may not be necessary. For example, your husband or wife may accept that because of your ADHD, the best type of dispute resolution would be solicitor negotiations or your spouse may know that you have had trouble holding down a job and therefore they do not need a medical report when negotiating a financial settlement with you in family mediation.
In other situations, your neurodiversity or its impact on you may be disputed by your spouse. They may or may not accept that you are on the spectrum or they may argue that your autism doesn’t affect your ability to get a job or your earnings capacity. If these are key issues in your divorce financial settlement a medical report may be needed but a lot will also depend on other factors, such as the length of your marriage. If you have only been married for 12 months your earnings capacity will be of less relevance than if you had separated after a marriage of 15 or 20 years. The job of your Family Law Solicitors is to look at whether the cost or the time to get a report is justified and in your best interests.
Will I get a larger divorce financial settlement because of my neurodiversity?
Possibly. It all depends on your neurodiversity, how it affects you and your ability to meet your needs. There are a range of other factors that your Family Law Solicitors or the court considers when negotiating a divorce financial settlement or when the court makes a financial court order.
The court will exercise discretion and make a financial court order after carefully considering the factors set out in Section 25 of the Matrimonial Causes Act 1973. Factors that your Family Law Solicitor will emphasise if you are neurodiverse include:
- Any health condition you or your husband or wife have
- Your financial needs, obligations and responsibilities and those of your husband or wife
- Your income and earning capacity and the income and earnings capacity of your husband or wife that you have or are likely to have in the foreseeable future
Every family is different and the housing needs of the children may trump other considerations or your spouse’s physical health condition may be equally relevant to your financial settlement.
How can OTS Solicitors help?
If you need help with a divorce, financial settlement or child arrangement order application our experts can guide and support you through the application process or help you reach an out-of-court agreement.
Our Family Law Solicitors also provide family law training services for professionals and those involved in family law, such as IFAs and accountants.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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How Does my Neurodiversity Affect my Divorce?
How will my Child’s Neurodiversity Affect Parenting After Separation?