Financial claims after a divorce. It isn’t over yet…

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No fault divorce has been with us now since April 2022. While this has enabled many separating couples to divorce without blame, often a crucial element is missing i.e obtaining the benefit of legal advice first.

It is important to highlight that the obtaining of a divorce and the Final Order to end your marriage or civil partnership does not end the financial claims that you have against each other. Either party is able to make financial claims to include addressing income, capital and pensions.

Make sure you get early advice to ensure that your financial position is considered with appropriate steps being taken to protect you, if required.

Also be aware that if you have reached an agreement between you, this is not legally binding until it has been turned into a Consent Order. Failure to turn the agreement into a legally binding order can lead to claims being made in the future when assets such as pensions have increased.

Please click here to contact one of our family law team if you are contemplating divorce or have made an application for divorce to ensure that your financial position is considered.

Cindy Ervine

Partner and Head of Family Law

Contact a member of the team  

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