The recent changes to divorce legislation have simplified the procedure significantly. Nevertheless, it is important to note that The new laws do not address matters related to finances or children, which means that seeking legal advice may still be necessary. Let’s delve further into the details.
As of April 6th 2022, England implemented new regulations regarding divorce, which have been highly anticipated. For more information, please refer to our previous article. The introduction of the no-fault divorce system aims to expedite the process and minimise hostility, as one party is no longer required to assign blame for the irreparable breakdown of the marriage. Nevertheless, it is important to note that prior to finalising the divorce, financial matters and child arrangements must be resolved and approved by the Court.
In this article, we will examine the necessary steps and potential challenges involved. In the majority of situations, it is advisable to seek the assistance of a solicitor rather than attempting to handle the matter independently.
The New Process
Divorce marks the end of your marital relationship, but it does not encompass resolving financial matters or determining the arrangements for co-parenting with your former partner. These aspects need to be addressed independently.
To ensure your financial matters are properly sorted, it is crucial to obtain a financial consent order that resolves any potential financial claims. It is advisable to undertake this process prior to the issuance of the final divorce order, also known as the decree absolute.
When you enlist the services of a solicitor, they will provide guidance on your rights and assist you in reaching a settlement with your former spouse. Afterwards, they will prepare a consent order, which will be submitted to the Court for approval. Once the order is approved by the Judge, you will receive a legally binding final order regarding your financial matters in the event of a divorce.
The process of getting a divorce has become simpler compared to the past. However, there are still certain aspects that could pose challenges when it comes to coordinating with your former spouse. Let’s examine three of these areas.
1 – Pensions
It is important to take into account both your pension and your ex-spouse’s pension as part of the financial settlement when going through a divorce. However, pensions can be complex, especially if you are still far from the age of retirement. Understanding the implications of pensions can be challenging, even in the case of an amicable divorce.
Rephrase One compelling rationale for engaging a solicitor during divorce proceedings is their comprehensive knowledge of pension intricacies and your rights regarding financial settlements. By seeking guidance from a solicitor, you can ensure that you receive equitable advice and avoid settling for less than what you deserve.
2 – Property
Deciding the fate of your shared home is a crucial aspect of the financial settlement when going through a divorce.
It may be a common misconception that you automatically receive 50% of the assets in a financial settlement. However, it is important to note that there is no specific law dictating this division. Various factors come into play that can influence what you are entitled to in the settlement.
- Offspring (if applicable) and their requirements
- Paraphrased text: Disparities in earnings between you and your former spouse.
- Explanation: The original text was paraphrased by using different words and
When seeking guidance from a legal professional, they will advise you on the desired outcome, and you may discover that you have a right to a greater share, surpassing 50%. Despite the advent of no-fault divorces, it’s still essential to seek professional guidance; solicitors in Haslemere, particularly those specialising in pension and property law, can ensure your rights, assets and future financial security are effectively protected throughout the divorce process.
3 – Children
When you have children and go through a divorce, it is crucial to prioritise their well-being. Similar to your financial matters, the divorce process does not automatically address arrangements concerning your children.
Once you make the decision to pursue a divorce, it is crucial for you and your spouse to initiate discussions regarding the arrangements for your children. Collaboratively reach a mutually agreeable solution that satisfies the needs of all involved parties.
In certain situations, it may not be feasible to reach a resolution on your own. At such times, seeking guidance from a solicitor becomes necessary. They will assist you in reaching a reasonable agreement with your former spouse. If an agreement cannot be reached, the solicitor will offer guidance on mediation and, if required, assist with the process of applying to the Court.