The welcomed introduction of “no fault” divorce in April 2022 enabled divorcing parties to access a divorce without needing to attribute fault. However, this change has resulted in a significant increase in separating couples obtaining a divorce without seeking legal advice.
There is a common misconception that once a Final Order (formerly a Decree Absolute) has been achieved, this concludes matters including financial claims. This is not correct.
A Final Order does bring the marriage to an end finally, but financial claims arising from the marriage remain open for either party to pursue during the parties’ respective lifetimes. These claims are not automatically dissolved upon the pronouncement of the Final Order, and a spouse or ex-spouse can only be prevented from pursuing a claim if either that person has remarried or a “clean break” financial order has been obtained.
A “clean break” financial order sets out the terms of the financial settlement, if any, and also legally dismisses all financial claims either party has against the other arising from the marriage during both parties’ lifetimes and after death.
It is, therefore, essential that you seek legal advice from a trusted and experienced family lawyer to be clear not only as to the extent of financial claims which you may be able to pursue but also the extent of claims which may be pursued against you during and/or after a divorce. This will enable you to achieve a fair financial settlement and ensure you have financial certainty in the future.
Family Law Solicitor Lincolnshire and East Yorkshire
Bridge McFarland LLP offer a fixed fee appointment at the cost of £240 inclusive of VAT (pricing correct as of November 2023), during which you will receive initial advice in relation to divorce and financial claims which may arise from your separation. The advice will also be provided to you in a written format following the appointment.
Our family law solicitors support clients across East Yorkshire and Lincolnshire. With offices in Grimsby, Lincoln, Louth, Market Rasen, Scarborough and Hull, our empathetic and knowledgeable team are on hand to support you throughout the course of your relationship breakdown.