Legal Director
Greene & Greene Solicitors
Since fault free divorce law came into effect on 6th April 2022, it has become much easier for parties to complete a DIY divorce without seeking legal advice. Whilst the changes were welcomed, the new law has resulted in many DIY divorcees not understanding the law and/or encountering problems along the way.
One common (and wrong) assumption is that the Final Order of divorce automatically prevents an ex-spouse from making financial claims in the future. This is false. The only way to achieve a legally binding financial “clean break” is for the parties to also submit a separate signed Consent Order to the Court embodying the financial agreement they have reached. If this additional step is not taken, an ex-spouse is entitled to make financial claims against their former spouse in the future, even after they are divorced and the assets have been divided.
A trigger for a financial claim by an ex-spouse months or years after the divorce could be, for example, if a former spouse later accumulates wealth, such as by inheritance or lottery win. This situation can be stressful and expensive to sort out and therefore it is always advisable to enter into a Consent Order at the time of divorce.
In some DIY divorce cases the parties may be aware of the requirement to have a Consent Order but do not take advice before signing the document. This could result in a binding Order that excludes valuable assets or income that cannot later be re-visited.
Another common mistake is some of the less obvious assets of the marriage such as pensions and business interests are overlooked, instead focussing on property alone. The pension assets of a marriage can be some of the most valuable assets and are often ignored resulting in a poor outcome for the party with the lower pension provision.
Timing is another factor that can get overlooked. For example, a divorce lawyer would usually recommend a final Order of Divorce is not applied for until financial matters have been resolved and a Consent Order approved by the Court (but not in all circumstances). There could also be consequences if a party re-marries before they have properly dealt with financial matters.
Believe it or not, every case is different. The individual facts need to be applied to each set of circumstances. Whilst many DIY divorcees will scour the internet for advice, there are no on-line resources that provide the answer to every single situation/scenario. That’s why is it is always advisable to take legal advice early on, even if that advice is limited to just one consultation.
In conclusion, whilst a DIY divorce will always be the cheapest option, it is important that parties going through divorce can properly understand what they need to do, when, and to consider any other factors they may not have thought about. This will ensure parties do not find themselves in a position where their quest to save money could be a decision they later live to regret.
This article is only intended to be a summary and not specific legal advice.
Read more articles by Emma Alfieri.
About Emma Alfieri
Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.
Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.
A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.
Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.
As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.