Court concerning children, a helpful guide can be found here: https://www.judicial. ky/general-public/making-an-applicationunder-the-children-law.
Child or Spousal Maintenance A mediator, attorneys and/or the Court can help you reach an agreement for child or spousal maintenance if you cannot agree with your partner on a reasonable sum to be paid. If you are unmarried, and the father of your child is not paying maintenance, you can apply under the Affiliation Act for an order that he should pay you maintenance for the child. You should apply either within 12 months of the birth of the child or when the father stops paying you maintenance. If you are married, and your husband is not supporting you and/or your children, you can apply for an order under the Maintenance Act that he should pay maintenance for you and your children. You can also apply for maintenance for children living with you at the time of your marriage. If you are divorced, or a divorce
application is pending, you must apply in the Grand Court. When considering both child and spousal maintenance, the Court considers needs and will look at both the income needs of the spouse in whose favour the order is made and the income of the spouse who will be required to make the payments. Any time after the spousal maintenance order has been made the amount payable under the Order can be varied by agreement or application to the Court. This will be especially relevant if the income of the person making payments, or the need of the person receiving payments either increases or decreases. Other circumstances such as cohabitation with a new partner may reduce any maintenance that a person is entitled to. Domestic & Child Abuse You should seek help immediately if you are in a difficult or dangerous situation. If the situation is dangerous, contact the police who will help you at any time. If
Hampson and Company Attorneys at Law
GRAHAM HAMPSON
YVONNE MULLEN
SULEKHA TUMMALA
KIM McLAUGHLIN
Family
Family
Family / General Practice
General Practice / Corporate
FAMILY LAW AND GENERAL PRACTICE We provide advice on all aspects of family law including, divorce, separation, mediation, pre-nuptial and post-nuptial agreements, child-related issues (residency, relocation and maintenance), capital adjustment, spousal maintenance, and domestic violence. We also provide advice on all aspects of general practice including, work permits, residency applications, naturalisation applications, status applications, wills, trusts and estates, and all real estate related matters. 4th Floor, Apollo House East, 87 Mary Street, George Town, P.O. Box 698, Grand Cayman KY1-1107 (Tel): 345 623 7788 • (Email): info@hampsonandco.com • www.hampsonandco.com
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FA M I LY M AT T E R S
Division of Assets In the context of how your assets are to be divided, outcomes can include what happens to your home, pensions, savings, other assets and debts. Spousal support and child maintenance can include school fees, health insurance premiums and the costs of extracurricular activities. It may also include general costs of living and a wide range of other things. The Court has a starting point of ‘equality’, rather than a strict 50:50 split and such a division is not always appropriate. Ensuring proper financial disclosure and valuing assets correctly should always be undertaken before deciding how to split the finances. When considering how finances should be divided, the Court is guided by a number of factors starting with the welfare and best interests of any children of the marriage,
and thereafter to other responsibilities, needs, and then to the actual and potential earning power of each of the parties.
