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

A photo of Judith Wheeler
22nd September 2022

September 2022 sees parties who instigated divorce proceedings in accordance with the new divorce procedure immediately after 6th 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. We have offices in Hinckley, Stoney Stanton and Leamington Spa. You can find details of our offices here.