We are now several months into the new divorce procedure brought about by The Divorce, Dissolution and Separation Act 2020 in April this year. It is pretty easy! You go on the HMCTS Online Portal, input your details, upload your marriage certificate, pay your fee, press the convenient green electronic button and off you go.
The magical internet dissolves your marriage.
Of course, there is a bit more to it than that but this process is now so convenient and simple that it is easy to forget that divorce is a serious legal procedure. I am finding that clients are initially forgetting that there are other matters to sort out. After a marriage is dissolved, there are many other legal matters to consider.
It is so important to understand your legal position.
BEWARE the DIY divorce and remember the following:-
The Final Dissolution Order (formerly Decree Absolute) ends your marriage. However, it does NOT sever the financial ties between you. Financial claims can still be made against you, even if many years have passed. A lovely lottery win, an inheritance or a property boom increasing the equity in your home is fair game to your ex. They can come back. The very best way to prevent this is to agree and file Clean Break Financial Order at the time you divorce.
Please remember to review your Will as soon as possible. Your spouse will remain your next of kin until the Final Dissolution Order (formerly Decree Absolute). This means they could inherit assets in your name and, if you jointly own property with them, they are likely to inherit that property too. You may not mind about this but, if they did inherit and then remarried later and forgot to make their own Will, their new spouse would inherit that home. This could mean your children lose what you feel should be their inheritance. This worst-case scenario can be avoided simply and easily by ensuring you seek legal advice.
It is vital to know that if you re-marry without a financial order, you may lose your right to apply for one. The Matrimonial Causes Act 1973 is uniquely designed to focus on fairness. Therefore, if you feel you have a claim over a property or asset, ensure you get legal advice as early as possible and especially of you are thinking of getting married again. Pension claims can still be made after re-marriage. However, this could be problematic if the main asset is the house.
If you would like advice or help avoiding any of these common mistakes, or have any other family law issues, please do contact me on 01924 291122 or email me at rebecca.baker@catteralls.co.uk
Our highly skilled team of specialist solicitors have been established in the City of Wakefield for over 100 years.
