During times of financial constraint, it might be tempting to take matters into your own hands with a little help from an internet search engine. Divorce is no exception. However, you do so at your peril.
The divorce process is accessed by an online Court portal, it begins with an application for divorce and takes no less than 6 months it is then concluded when a Final Order of divorce is granted by the Court. It is the final order which is evidence of the dissolution of your marriage and must be produced in the event of re-marriage. However, as far as property and children matters are concerned, connections remain.
Children
Parents retain parental responsibility in respect of their children. This is defined as: ‘rights, duties, powers, responsibilities and authority in relation to the child and their property’. However, it is possible for someone to have parental responsibility for a child without being their legal parent, and for a legal parent to not have parental responsibility.
Financial matters
You remain connected in terms of financial matters. Whilst a Final Order within divorce dissolves the marriage, it does not terminate any financial claims which a spouse may make against the other in relation to the financial assets arising from their marriage, including capital provision, income provision and pension provision. Such claims may only be dismissed by an order of the Court as part of a discretionary judicial exercise. Such order may often be referred to as ‘clean break’. There is no limitation period. Whilst significant delay may result in a level of discounting being applied, financial claims remain open until such time as they are determined by an order of the Court. This may also result in claims being made against your estate.
The Re-marriage Trap
Sometimes people may wish to obtain a Final Order within divorce proceedings because of a desire to re-marry. However, remarriage in the absence of a financial order may mean that the ability to ask the Court to make orders in respect of lump sum payments, spousal maintenance and property adjustment orders is lost resulting in financial prejudice, the ability to ask the Court to make a consent order will also be lost. Claims to the Child Maintenance Service, against the family home and in relation to pensions may still be made.
It is important to seek the advice of a specialist family lawyer and ensure that financial matters arising out of your marriage are determined by means of an order of the Court, preferably by consent. It is also advisable to delay a Final Order of divorce until an order of the Court has been made and your financial agreement has been determined. Failure to do so could be catastrophic.
