In an age where information is at our fingertips, the appeal of handling a divorce without legal assistance can seem like a practical and cost-effective choice. For couples parting on amicable terms, a DIY divorce might appear straightforward – a means to conclude the relationship without the perceived expense and complexity of legal professionals. However, beneath the surface lies a range of hidden risks that could cause significant financial and emotional repercussions long after the ink has dried on the final divorce order.
What is a Consent Order and why is it important?
The most pressing danger of a DIY divorce lies in the absence of a legally binding Consent Order.
A Consent Order is a legal document approved by the court that sets out the financial agreement reached between divorcing parties. This could include the division of property, savings, pensions, and liabilities, as well as arrangements for spousal maintenance. Once approved, it becomes legally binding, providing certainty and finality.
Reaching this stage typically involves both parties disclosing their financial positions in full and negotiating a fair and reasonable settlement. Even where couples agree informally, a Consent Order ensures that those terms are enforceable and protects both parties from any financial claims that may arise further down the line.
Without a Consent Order, there is no formal agreement in place to confirm how assets will be divided now, or in the future. Many people mistakenly believe that once they are legally divorced, financial ties are automatically severed. This is not the case. Without a properly drafted Consent Order, either party retains the right to pursue financial claims against the other, regardless of how many years have passed since the marriage ended.
The Lessons from Wyatt v Vince
The absence of a Consent Order leaves a door open for potential litigation, as exemplified in the cautionary tale of Wyatt v Vince. In this landmark case, the Supreme Court allowed Kathleen Wyatt to pursue a financial claim against her former husband, Dale Vince, more than two decades after their divorce was finalised. The couple had separated when they were in modest financial circumstances, but Mr. Vince subsequently became a multi-millionaire through his green energy business. Because there was no Consent Order in place at the time of their divorce, Ms. Wyatt was able to seek a financial settlement years later, resulting in a substantial payout – underscoring the long-term financial vulnerability that can arise when a divorce is not properly formalised through the correct legal channels.
The danger of informal agreements
The assumption that a friendly and cooperative separation removes the need for legal formalities is a dangerous misconception. Life circumstances change, and so too can relationships. What begins as an amicable agreement can become contentious years later when new relationships, financial windfalls, or changing personal needs emerge. Without a Consent Order, one party may find themselves vulnerable to future claims, while the other could be left without recourse if informal agreements are not honoured.
The process of obtaining a Consent Order, while requiring legal input and oversight, is typically more straightforward and cost-effective than defending a potential future claim. Courts are unlikely to approve an order that is manifestly unfair, ensuring that both parties’ interests are protected. Moreover, the clarity and enforceability provided by a Consent Order allows each party to move forward with their lives, free from the spectre of future disputes.
When navigating the complexities of divorce, the wisdom of obtaining expert legal advice cannot be overstated. Ensuring your financial arrangements are legally finalised provides peace of mind and the ability to move forward confidently.
At Buckles, we understand that every separation is unique. While it might feel tempting to avoid legal intervention in the hope of reducing costs or maintaining amicability, a professionally drafted Consent Order is an investment in long-term security. Our experienced family law team can guide you through the process, ensuring that your financial settlement is fair, comprehensive, and legally binding. We do so in a constructive way so that relationships can remain amicable where possible.
If you are considering or currently undergoing divorce proceedings, we encourage you to seek legal advice to ensure your future is fully protected.
