Why Should I see a Divorce Lawyer?
It is essential to see a divorce/family lawyer to ensure that your rights and your assets are protected during a divorce.
Divorce
- Since 6 April 2022 in the UK , the new simplified divorce procedure of “No Fault Divorce” was introduced. Therefore, a large number of people are now starting the divorce process themselves. It is extremely important to have independent legal advice before you issue your divorce petition.
- It is also vital for divorcing couples to have a Clean Break Consent Order to safeguard themselves from future claims and uncertainty. Unless this Order is in place, both spouse’s financial claims are still available to be pursued.
- The risks of divorce without a financial order may be:
- If you finalise the divorce before any financial order is made, your rights can be seriously affected particularly regarding pensions : if your former spouse then dies, you would not be their widow/widower for any of their pension benefits.
- The pensions can be a major asset in a marriage of substantial value, and are considered by the court as a marital asset that can be shared between you .
- If you re- marry without a financial clean break order, you will be barred from making any future claim at all.
- If your financial circumstances improve greatly, for example by way of inheritance or a lottery win, without a clean break financial order, it is possible for your former spouse to make a financial claim against you.
If you require further advice about divorce, or any related matter, please do not hesitate to contact our family team on 0800 118 1500 or fill out our contact form.