The 6 April 2022 saw the biggest shake up in divorce law for 50 years with the introduction of the new ‘no-fault’ divorce. Previously, couples had to establish one of 5 facts to prove that they were entitled to a divorce. The new system sees a much simpler process whereby couples only have to confirm that their marriage has broken down. The change is expected to lead to more couples seeking to formalise their separation and apply for a Final Order of divorce online.
Although the divorce process appears to be more user friendly, problems will arise when couples mistakenly believe they only need a Final Order of divorce and they neglect to deal with their finances.
We are divorced so my ex cannot touch my pension, right? Wrong. In order to ensure that your ex-spouse does not have any claim on your finances, you need to obtain a financial order confirming the position. Without an Order, your financial claims against one another will remain, despite how many years you may have been separated and/or divorced.
It is extremely important to speak to a solicitor and ensure that you are financially protected in future by obtaining the relevant order. In addition, you should always update your will, especially if you are in a new relationship and intend to re-marry.
If you would like to speak to someone about your financial position following a separation then please do not hesitate to speak to one of our friendly family team who specialise in divorce and financial matters on 01952 291666.
Laura Tarbuck – Associate Solicitor