Do not let the simplicity of the new divorce proceedings lull you into a false sense of security

September 2022 sees parties who instigated divorce proceedings in accordance with the new divorce procedure immediately after 6^th April 2022 being able to apply for their Conditional Order. The Conditional Order marks the first point at which the Court can be invited to approve the terms of a matrimonial financial settlement.

Do not let the simplicity of the new divorce proceedings lull you into a false sense of security. You may be conducting the proceedings online yourselves, but however amicable your separation may be, without a Financial Remedy Order (Consent Order) approved by the Court which sets out the terms of the financial settlement between you and your ex-partner, you do not have the certainty that such an Order brings.

The absence of a Consent Order means that either partner can potentially make further financial claims against their ex-partner or their estate in the future. The success of such a claim would be dependent upon the facts of each case, however, it would be preferable to secure the certainty of a Financial Remedy Order during the currency of any divorce or dissolution proceedings.

If you require advice regarding the negotiation of a matrimonial financial settlement or the drafting of a Consent Order to reflect agreed terms then contact one of our Family Law Team in Warwickshire or Leicestershire for advice.