Does Decree Absolute end my spouse’s Financial Claim against me?
When the clients of our divorce solicitors in Lancaster enquire about a divorce, during their initial consultation we often discuss with them their financial position, and how any joint assets (or even assets in either their or their spouses’ sole name) should be divided at the end of their divorce.
Quite often, the misconception is that when the Decree Absolute is issued (the final Decree of divorce) neither party can then make a claim against the other, thus all financial ties are severed. Decree Absolute does not sever financial ties between a married couple!
Unfortunately, this is not the case. If no Clean Break Order or Consent Order is entered into, your ex-spouse could be able to make a claim against you, even if you acquire any assets in the future.
In this article, our expert divorce and family law solicitors, based in Lancaster and at our offices in Preston, will explain how you can enter into a Clean Break or Consent Order.
When you’re getting a divorce, you and your spouse should both consider how you will divide any property, money and other assets that you own, for example, shares or investments. Not all couples are the same: some may be able to reach an amicable, fair agreement between themselves, whilst others may require the assistance of an expert. No matter how you decide to deal with matters, it’s important to ensure that, legally, matters are finalised, to prevent any claims being made against you in the future.
Any agreement should, generally, be entered into before your Decree Absolute is applied for. If you want to apply for your Decree Absolute desperately, then consult our team before taking any action, as this could prevent you from making a claim in the future against your spouse.
The only way to prevent a claim from being made against you in the future is to finalise your financial ties through a Court Order. There are many types of Orders that can be made in the Family Court. If you and your spouse are in agreement with how your assets should be divided, or you do not have any assets to divide, you could apply to the Court for a Clean Break Order. One thing our team of divorce solicitors always stresses to our clients is that, just because you don’t have anything now, it doesn’t mean that you may not have assets in the future. For example, if you win the lottery (wishful thinking, we know!) or you receive inheritance, your spouse could make a claim.
The application is made to the Court, outlining how you wish for the assets to be divided, and the Court will consider the terms, and decide whether they believe this is fair. If they are satisfied that the agreement reached is fair, they will normally seal the Order, and this finalises your financial ties. However, if the Court feels that there is any unfairness or large disparity in the settlement reached, they may request a hearing to discuss the issues further. Our team can represent you at any hearing, to make sure that the Court is aware of why the Order has been agreed in that specific way.
You can find out about our team’s fixed fees for obtaining a Clean Break Consent Order, here, as well as details of our charges for dealing with all financial matters in relation to your divorce on your behalf. If you want to discuss your divorce, contact our team at your local office (Longridge, Garstang or Lancaster), or email email@example.com.