Divorce, Children, Financial Arrangements – FAQ

The short answer is no, you can conclude matters without having to attend at Court. However, this will depend on whether your spouse is cooperative. In some cases where one party simply will not engage, the only way to bring a conclusion to matters is through the Court. Alternatively, should parties be willing to address matters amicably and are able to reach an agreement, matters will be concluded without the need for Court proceedings. Many parties have the assistance of a Solicitor to advise on what may be a fair division, highlight the options for achieving this and negotiate on their behalf. Having a Solicitor during negotiations can also reduce animosity between the parties.

Often a family’s main asset is the family home. Given that the needs of any children are the first consideration, it will be important to make sure that a suitable home is maintained for them. It may be that the family home can be sold with the proceeds divided between the parties (not necessarily in equal shares), or the property is transferred into one party’s sole name while the other party receives a lump sum for their interest. This would depend upon the other available assets.  

The law allows a pension fund to be shared on divorce. Pension sharing will not be appropriate in all cases and where it is an option, the fund will not always be divided equally. This is a complex area, and it is highly likely that specialist advice will be needed on how sharing can be achieved in each individual set of circumstances.

                                When parties separate, it is extremely important that the division of assets are addressed. Upon a financial agreement being reached, such will be recorded in a Court Order, of which is subsequently sealed by the Court. This Order can provide you with a Clean Break, of which severs all financial ties between the parties. Should a Clean Break Order not be obtained, either party could seek to make a financial claim against the other at some stage in the future. Therefore, it is advisable to address and conclude matters when the relationship comes to an end, to ensure your financial future is protected.