Do I Have to Go to Court to get a Divorce Financial Settlement?

Author:
Jane Auty
Partner, Family Law and Divorce Solicitor
Date:
24/09/2020

You don’t have to go to Court to resolve your finances in divorce if you and your ex can come to an agreement about who gets what. If you can’t agree then you may need the intervention of a Divorce Solicitor but even then, going to Court will be a very last resort. Most cases settle and agree without Proceedings ever needing to be issued.

A lot of people think that once you are divorced it means that your former partner no longer has a financial claim over any of your assets, but this sadly isn’t true. Unless you or your former partner re-marry, they could make a financial claim against you at any point in the future unless you get a Financial Order, such as a Consent Order, to cut all of your financial ties.

Our Divorce Solicitors can help you choose the right kind of Financial Order and can draft it for you, so you won’t need to go to Court to resolve your financial issues.

For free initial legal advice get in touch with our Divorce Solicitors.

Call us on 08002605010 or request a callback and we will help you.

Before Going to Court to Settle Divorce Finances

If you and your ex cannot agree on how to divide your finances, you can try:

  • Mediation - A conversational meeting with a mediator who will help you resolve your issues
  • Solicitor negotiation - We will work with you and your ex to reach an agreement. Some of our Divorce Lawyers are a members of Resolution which means we are experts at reducing conflict in disputes
  • Arbitration - A kind of private dispute resolution where your finances will be agreed by one or more arbitrators to save you going to Court. This can seem an expensive option, but it’s quicker and cheaper than Court Proceedings and the costs for the arbitrator can be shared equally between the two of you.

Most divorce financial issues can be resolved without having to take things to Court. Our Divorce Solicitors can negotiate with ex directly or with their Solicitor if they have one.

We can go through your options so that you can come to an agreement outside of the Family Court without having to worry about your ex being able to claim any of your finances at a later date. We can draft a binding Court Order which shows your agreements and send it to the Court for approval. In nearly all cases, no attendance will be needed.

Can You Divorce without Sorting Finances?

We know that it may seem easier to just get it out of the way and move on. But if you don’t sort your matrimonial finances out when you get a divorce, you could end up in a sticky situation in the future. The family home or your pension might be the largest assets you own, so it’s important to protect them.

Many people get in touch with our Divorce Solicitors because they didn’t sort their finances out in divorce and find themselves having financial issues years down the line.

See our Untangling DIY Divorce Disasters - Case Studies to see how we have helped people facing the messy financial consequences of being tied to someone they no longer have contact with.

It’s important to cut your financial ties completely so that you can both move on with your lives. If you don’t have many assets to divide then you could get a Clean Break Order which means your ex won’t be able to make a claim for any of your current or future assets.

How Does a Financial Order Work?

A Financial Order is a Court Order that makes any agreements that you and your former partner decide about who gets what in your divorce legally binding.

There are a few different types of Financial Orders that you can apply for, that each do different things depending on what you need from the Court Order. One of our Divorce Lawyers can advise you on what would work best for you and what each of the Financial Orders do.

Without a Financial Order, your former partner could make a claim for any of your assets in the future. For example, they could be entitled to a portion of your pension if you don’t make your agreements on what each of you are entitled to legally binding while you’re getting a divorce.

How Long Does a Consent Order Take?

Once you and your ex agree on how you want to divide your finances, you can apply for a Consent Order which should only take a month or so for the Court to process, providing that it’s fairly straight forward and drafted properly.

There are delays in the Court at the moment due to the coronavirus pandemic, but once you submit your application the work on your part is done.

We offer a Fixed Fee Consent Order as well as a Fixed Fee Divorce. When you choose this option, one of our expert Divorce Solicitors will apply to the Court for you so you won’t have to worry about filling in the paperwork and sending it to Court. This means that resolving your finances can be done quickly and easily.

If you’re unsure about how you can resolve your finances in divorce, or worried you may need to take things to Court, speak to one of our Divorce Solicitors. We can offer you expert legal advice and help you apply for a Financial Order.

For initial legal advice call our Family Law and Divorce Solicitors

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