No Fault Divorce, Don’t forget the finances!

The long awaited divorce reforms introduced by the Divorce, Dissolution and Separation Act, have been welcomed by separating parties and Family Law Solicitors alike. The new reforms were designed to make the separation process less acrimonious by removing the requirement to assign blame for the breakdown of the marriage, if the parties had not been separated for over two years.

The online divorce portal has been improved in order to make it more accessible. The terminology has been overhauled to allow clarity to parties who may be acting in person. Previously, the language had been considered by some to be confusing and outdated. The new process has allowed many separating couples to end their marriage without incurring the legal costs associated with divorce.  Many separating couples have chosen to issue their online divorce application themselves without instructing a Solicitor.

Whilst the new reforms have made the divorce process more accessible to the lay person and less acrimonious it is important to note that there are still benefits of seeking independent legal advice in respect financial remedies on divorce.

A lot of separating couples are not aware that whilst a divorce ends the marriage it does not end financial ties as the result of a marriage. Many separating couples are unaware of the possible claims they may have as a result of their marriage. Those claims remain live in the absence of a Financial Remedy order.

The Court can make various Financial Orders on divorce including maintenance for one of the parties or a child, lump sums, (a payment of a specified sum of money by one party to the other), property adjustment (for example the transfer of the matrimonial home to one party) and Orders in relation to Pensions.

These Orders can be made by agreement of the parties or by the Court if the parties are unable to reach agreement.

Here at Browell Smith and Co we can help and support you to navigate financial remedies on divorce to ensure that you are protected and aware of your rights on divorce.

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