No-fault divorce has made things easier, but don’t forget about the finances

No fault divorce was introduced in April 2022, and this together with the online portal has made it much easier for people to get divorced without using a solicitor.

Where people really need advice and help is when it comes to dividing the finances which is something that is very difficult for people to do properly without the help of a solicitor.

People are often surprised to know that even after they are divorced their spouse still has financial claims against them if they don’t obtain a financial order.  This means that even if the house has been sold and the proceeds divided between them, their spouse could still make financial claims against them at any point in the future, for example for a share of their house or a share of their pension.

These claims can be prevented by there being a formal financial agreement set out in an order, signed by the separated couple and sent to the Court for approval.  This can dismiss all future claims, and then both people are free to do whatever they want financially without any worries that any financial claims may be made. So in almost all circumstances we advise people to obtain a financial agreement at the time of divorce.

But what about people who take no legal advice at all? Since no fault divorce and the online portal were introduced, there could be many people who do the divorce themselves, sell the house and divide the proceeds without knowing that financial claims against them are open indefinitely. It might never be a problem if no one makes any claims in the future, and this will be the case in many cases, but when people are made aware that there is the option of dismissing all future financial claims, they usually take it to provide themselves with certainty and security for the future.

If you would like any advice about divorce, dissolution of a civil partnership, or separation, or you would like to understand more about no fault divorce, then do not hesitate to get in touch with our highly experienced family law team. We are dedicated to resolving matters as amicably as possible and every solicitor in our family team are members of Resolution which means we have a duty to reduce conflict wherever possible.