If you and your ex-partner entered into a Separation Agreement prior to Divorce Proceedings, it is essential that you ensure that the Agreement is reflected in a Financial Consent Order sealed by the Court.
When grounds were required for the divorce process, client’s often sought to rely on 2 years separation and consent in order to avoid blame and to reflect that they had simply grown apart from their partner. They would then enter into a Separation Agreement to reflect the financial agreement reached.
A recent case has highlighted the dangers, if the Agreement has not been embodied in an Order, as the financial claims remain open. In this case, there was a successful claim for capital to reflect legal fees and backdated maintenance relating to separation some 30 years previously.
It’s also worth knowing that claims in respect of pensions cannot be implemented until there is an Order sealed by the Court. Associated delay may also then mean that pensions have increased in value.
If you have a Separation Agreement and need help, please click here to contact one of our Family Team to ensure that your financial future is protected.