Does a divorce bring your financial claims against each other to an end?
I would like to dispel one common myth.
Getting divorced (bringing the marriage to an end) DOES NOT bring your future financial claims against each other to an end.
In my former life as a family solicitor I had one case where the ex spouse brought a financial claim against my client 15 years after separation! It was unsuccessful thankfully but it did not stop them bringing it, causing a lot of upset and a great deal of unnecessary expense.
To bring your financial claims against each other to an end you will need a consent order made by a Judge but this is not as hard or complicated as it may seem.
Have a look at chapter 9 of this Manual-How to reach your own financial agreements in 5 stages
Having been a family solicitor and mediator for many years, I can say from experience that in most situations I recommend the mediation approach to my clients, using solicitors to support them, as and when necessary, keeping their costs firmly under control.
The key is to reach a fair financial agreement for yourselves in mediation, during the few months it takes from starting the divorce process to getting your first divorce order, at which point the Judge can make your mediated agreement into a binding order.
Only a Judge can make a binding financial order, not a mediator, not a lawyer only a Judge and only a binding financial order brings your financial claims against each other to an end.
Talk to a mediator to find out more
Watch the video related to this article.
It provides a quick and easy guide to everything you need to know. You can find other useful videos here at our YouTube channel.