We are now past the 3-year anniversary of ‘no fault Divorce’ being brought into force. No fault divorce means that divorcing couples in England and Wales can divorce without assigning blame. The need to prove adultery, unreasonable behaviour, or separation periods has been removed.
It is thought that no-fault divorce allows couples to separate more amicably, reducing conflict and supporting more positive co-parenting relationships. It also provides a straightforward and user-friendly approach to a divorce application meaning that many couples are choosing to make their divorce application without legal advice.
Unfortunately, this means that couples often proceed through the divorce process without having spoken to a Solicitor to understand the true implications. As practitioners we are seeing an increased amount of individuals who believe they have dealt with financial matters. It is vital that individuals understand even with a Divorce Final Order either party can make a claim for financial remedy.
It is important to get proper legal advice from the beginning in relation to financial matters. Finances should be resolved as part of the divorce proceedings and not left to be dealt with in years to come. As anyone’s financial scope can change massively in a only a matter of months let alone years. Family finance matters do not have a limitation, if there is no clean break order in place then an application can be made at any time in the future. A clean break order is a provision which prevents any and all claims from being brought against a person’s assets both in life and death.
Upon separation, couples have a duty to provide each other with full disclosure of their financial position; you must provide documentary evidence of your income, outgoings, property, assets, liabilities, capital and pensions. Several factors will need to be considered when looking at who should get what, which are all set out at Section 25 of the Matrimonial Causes Act 1973. There is no set formula as to how assets are divided on divorce, and each marriage will be different and considered on its own circumstances which is why proper legal advice could not be more important after a no-fault divorce application has been made.
If you are worried that you may be in this position, then it is important to contact us sooner rather than later so that our specialist team can assist. We offer a case management meeting tailored to your circumstances, during which we advise and discuss on all matters, during which you can voice your concerns. After the case management meeting we provide you with a bespoke individual written case plan. Get in touch today on 01254606008 or complete our online contact form.
