Divorce and Matrimonial Finances

 

Divorce Proceedings

 

It is still possible to issue your Divorce Petition in the traditional way, by paper post, as well as using the online Divorce Service through GOV.UK.

 

On the 6th April 2022, the Divorce, Dissolution and Separation Act 2020 came into force in England and Wales. This was a landmark change to what was very old Divorce law, and it was largely designed to remove the element of blame for couples who wish to get divorced amicably.

 

The 2020 Act replaced the previous "five facts" system, which required couples to prove fault, with a statement of "irretrievable breakdown" of the marriage to convince the Court that they should be allowed to proceed with a divorce.

 

Preparation of your Documents

 

If you have limited access to the internet, or you don’t feel comfortable using online services, I can draft and send your divorce documents to the Court by post. Or if you prefer, I can also submit your divorce application using the online service.

 

I can handle to process for you to the point of your application for the Final Order (Decree Absolute), which finally dissolves the marriage.

 

I can even prepare your Divorce documents (or make your online application) in your name, with your contact details, so that you retain total control of the process. Then all you need to do is drop the papers into the post or check the divorce service online to keep track of things.

 

Whichever method you choose, I will be on hand throughout to provide you with advice and answer any questions or concerns. This service is included in my fixed fee. 

 

The Court fee for the issue of Divorce Proceedings is currently £593.00 and this can be paid by either party or split equally.

 

Dealing with your Matrimonial Finances

 

If you and your former spouse have agreed the division of your matrimonial assets amicably, or through attending Mediation, I can draft your Financial Remedy Order (FRO, also called a Consent Order or Clean Break Order) together with the accompanying documents so that you only need to send these to the Court for approval** with the fee, which is currently set at £59.00.

 

If you are going through the process of full and financial disclosure, perhaps through attending Family Mediation, but you don’t want to incur hefty Solicitor’s fees for dealing with the whole financial agreement process, I can also prepare your Financial Disclosure Statement (The Form E) on your behalf**

 

The Importance of the Financial Remedy Order (FRO)

An FRO makes your agreement about the division of the matrimonial finances legally binding, and therefore it is strongly advisable to have one drawn up by a legal professional to ensure that it is in the correct format.

 

Without an approved FRO, even though you are divorced, you could potentially face a future financial claim from your ex-spouse.

You can submit your application for the FRO once the Family Court has made the Conditional Order (formerly called the Devree Nisi), but not before. This provides you with plenty of time to ensure that the document is prepared and that you are both happy to sign it.

The approved FRO prevents either party from making future financial claims against the other, providing a "clean break" in financial terms. It outlines how assets and liabilities are divided, providing clarity and certainty for both parties. Also, knowing that your financial arrangements are legally binding and protected can offer significant peace of mind and a feeling of closure.

 

Once your FRO has been approved by a Judge, both you and the other party are legally bound to follow its provisions, although you can go back to Court in the future to enforce the Order if the other party breaches any of the terms within it.

 

(**Please be aware that this is a drafting service only using information provided by you, such as a Memorandum of Agreement from attendance at Mediation.  I am unable you with detailed legal advice as to the fairness or otherwise of your agreements, due to my chosen level of professional regulation**  However, if I believe that the division of assets reached is potentially unfair, with a risk that your Consent Order may be rejected by a Judge, I will advise you to obtain independent legal advice before proceeding**).

 

 

Cohabitation and Separation Agreements

 

A Cohabitation Agreement is a legal document designed for unmarried couples who decide to live together, or even friends who decide to buy a property together (cohabitants).

 

It outlines the rights and responsibilities of each partner during the relationship and addresses what should happen if the relationship ends, or if one partner passes away. Cohabitation Agreements can cover various aspects of the couple's lives together, including finances, property, and any children they may have.

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Some key elements that you might want to include in your Cohabitation Agreement are:

 

Property Ownership and Division: The Agreement may specify how property purchased during the relationship should be divided if the relationship ends. This is particularly important for jointly owned property.

Financial Responsibilities: It may outline each partner's financial contributions to the household and any arrangements for sharing expenses such as rent or mortgage payments, bills, and other living costs.

Debts: The Agreement may address how debts incurred during the relationship will be divided if the relationship ends.

Childcare and Parental Responsibilities: If you have children together, the Agreement may cover arrangements for who they will live with after you separate, when they will visit the other parent, child support, and other parental responsibilities, such as schooling or holidays.

Asset Protection: It may include provisions to protect assets owned by one partner before the relationship began.

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The separation of a non-married family can be complex, as you don’t have the same legal rights as a married couple. If a non-married couple decides to separate, they will need to navigate similar issues as with a marital split, but without the benefit of the legal framework provided by Matrimonial and Divorce Law.

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When it comes to jointly owned property, dealing with this on separation is the thing which is most likely to cause a dispute. You should ideally determine in advance how to divide your home fairly should you separate, considering factors such as contributions to the purchase price, mortgage payments, money spent on home improvements and any other agreements documented in your Cohabitation Agreement.

 

For peace of mind, it is sensible to have a Cohabitation Agreement, as this can be used as evidence of your original agreement as to how property should be divided and any other elements which were recorded at the time, should your relationship end in the future.

 

Important Advice– Make a Will

 

Should one of you pass away, your Cohabitation Agreement is not a replacement for a valid Will, even if you have included provisions for what you want to happen if one of you passes away. Your non-married partner will not automatically inherit from you under the Laws of Intestacy. It is also extremely unlikely that they will be allowed by law to act as your Personal Representative. Therefore, if you want to be certain that your cohabiting partner will inherit from your estate, you are strongly advised to each make a Will, especially if you jointly own your home.

 

A Separation Agreement (also known as a Deed of Separation) is a legal contract that outlines the terms and conditions agreed upon by a married couple who have decided to separate, but do not want to get divorced. This is often due to financial or religious reasons.

 

In a similar way to a Cohabitation Agreement, a Separation Agreement serves as a written record of the agreements reached regarding various aspects of the separation, including division of assets, financial support and arrangements for children of the marriage or Civil Partnership.

Typical elements included in a Separation Agreement are:

 

Division of Assets and Debts: The Agreement may specify how marital property, assets, and debts will be divided between the parties. This can include the family home, bank accounts, investments, vehicles, personal belongings, and any other shared assets or debts

Financial Support: It may include agreements about financial support, such as spousal maintenance, or child support payments, including the amount, duration, and terms of any financial support payments to be made by one party to the other.

Arrangements for Children: If the couple has children, the Separation Agreement will often include agreements about who the children will live with, when they will spend time with the other parent, arrangements for school holidays, schooling and other parental responsibilities.

Healthcare and Insurance: The Agreement may address matters related to health insurance coverage for both parties and any children, as well as provisions for handling healthcare expenses and medical care decisions.

 

So, if you are separating, but have no plans to get divorced, a Separation Agreement can be a very useful document, as If you later decide to get divorced, you can produce the signed Agreement in the event of any dispute over the division of the matrimonial finances and ask the Family Court to consider and uphold what was agreed originally