No-fault divorce is here – but you might still need a solicitor
The new laws around divorce make it a much easier process. However, it doesn’t deal with finances or children, so you may still need legal help. Let’s find out more.
From April 6th, the long-awaited new rules around divorce came into force in England. You can find out more about it in our earlier article. The so-called no-fault divorce is supposed to make the divorce process faster and less acrimonious, as one party does not have to place blame on the other for the irretrievable breakdown of the marriage. However, before finalising your divorce, you still have to settle your finances and make arrangements for your children, then have it approved by the Court.
In this article, we’ll look at what you have to do, plus the possible pitfalls. In most cases, you’ll find that you’re still better off with a solicitor helping you than trying to do it yourself.
The new process
Divorce ends your marriage, but it doesn’t settle your finances or dictate how you will share parental duties with your ex-spouse. You must deal with them separately.
For your financial arrangements, you need to get a financial consent order that dismisses any financial claims. The best time to do this is before the final order of your divorce (previously known as the decree absolute).
When you bring a solicitor on board to help you, they’ll advise you on what you’re entitled to and help you reach an agreement with your ex-spouse. Next, they’ll draw up a consent order and send it to the Court to approve. Once the Judge approves your order, you get a legally binding final order for your finances on divorce.
It’s a much easier divorce process than it used to be. But, there are still areas that could be difficult to arrange with your ex-spouse. Let’s look at three of them.
1 – Pensions
When you get divorced, your pension and your ex-spouse’s pension need to be considered as part of the financial settlement. However, pensions are complicated. If you’re far from the age where you take your pension, it can be hard to understand what’s there for you. Even if your divorce is amicable, pensions can still be a stumbling block.
One of the most important reasons you should use a solicitor when you get divorced is that they understand how pensions work and what you are entitled to in the financial settlement. A solicitor will give you the right advice to ensure you get a fair settlement and don’t sell yourself short.
2 – Property
What to do with the home you share is one of the essential questions of the financial settlement during the divorce process.
You might think you automatically get 50% of the assets, but there is no law that says this. Many factors can affect what you are entitled to in the financial settlement, including:
Children (if any) and their needs
Differences in income between you and your ex-spouse
Differences in ages
When you get advice from a solicitor, they will tell you what you should aim for - and you might find out you’re entitled to more than 50%.
3 – Children
If you have children and get divorced, their welfare should always be the priority. Like your finances, arrangements for your children are not automatically dealt with by the divorce process.
As soon as you decide to get divorced, you and your spouse should start talking about arrangements for your children. Between the two of you, come to an agreement that works for everybody.
However, sometimes, that isn’t possible. That’s when you have to get advice from your solicitor. They will help you come to a sensible agreement with your ex-spouse – and if you still cannot, they will help you with a referral to mediation and if necessary a Court application.
Find out more from Couchman Hanson
It’s true that divorce is easier now than it was previously. But, there can still be pitfalls. Don’t assume that you’ll be able to resolve it all yourself. Rather, get someone who is on your side with solid advice – and who will fight for you if necessary.
At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity
Call 01428 774756 or visit couchmanhanson.co.uk