No Fault Divorce And Financial Issues

The law on divorce will change in April 2022. Clough & Willis welcome this long overdue change as it makes the process a lot less confrontational.

No fault divorce will mean that one spouse can apply for a divorce without having to blame the other for the breakdown of the marriage. The application will simply have to state that your marriage has irretrievably broken down. You can either apply yourself or make a joint application.

Any disputes regarding the arrangements for your children or financial matters will have to be dealt with separately.

You will be able to make an application online and the procedure will take at least 6 months.

Timing can be a very important factor. It might be advisable to wait or separate for a period before divorcing, or in some cases, to separate without getting divorced. We can advise on the best option for you.

This change will not affect the way that the Court looks at dividing your assets, financial provision or child arrangements. In theory, it should be easier to reach agreement about these issues because the new divorce process will be less confrontational. You will still need to resolve financial matters and arrangements for your children.

In particular, it is extremely important to finalise your financial arrangements in a Court Order, even if you have reached an agreement with your ex. If you do not sort this out, then any financial claims remain open. This will leave you at risk of a financial claim at any time in the future, even after the divorce is finalised. A lot of people believe that when they are divorced, any ties to their ex will come to an end. Unfortunately, that is not the case. So it is very important to resolve your financial arrangements at the same time as your divorce.

You should seek expert legal advice before starting divorce proceedings. We emphasise that at the same time, you should deal with your financial arrangements so that these can go into a Court Order. Only then is any agreement between you and your ex legally binding. This can prevent future claims by implementing a “clean break” or if your ex does not comply with any part of the agreement, you can take steps to enforce the Court Order. If you do not obtain a “clean break” Order your ex can challenge any Will that you make after your divorce.

There is no standard procedure for applying for a Court Order to settle your financial claims. You will need to seek expert legal advice to deal with this.

For further information on any of the above or any other family matter contact Marie Whittaker or Lee Marston for a free, no obligation interview on 0161 764 5266 or via email info@clough-willis.co.uk