Divorce absolute may not mean clean break solicitor warns
A solicitor is warning that divorcees should ensure that they get the right papers from the Court or risk their ex from beyond the grave.
Last year, divorce solicitors up and down the country reported a marked increase in the number of relationships failing to survive the pressure of Covid-19 lockdowns and home working.
Nathan Wright, a partner at GHP Legal, said there had bee a worrying surge in enquiries from people unaware that they needed to do any more than obtain a Decree Absolute from the Court in order to sever all ties with a former spouse and enjoy eternal financial freedom.
“A surprising number of people wrongly believe that once they obtain a Decree Absolute from the Court dissolving the marriage, matters are finalised,” he said.
“However, the Decree Absolute only dissolves the marriage, leaving the parties free to remarry should they so wish. What people fail to realise is that ending the divorce process does not end the spouses’ financial responsibilities to one another.
“The financial responsibility you have towards your spouse can only come to an end with a ‘clean break’ Order from the Court. Even if you have no assets, in your sole name or in joint names, it is still important to obtain a financial clean break order.
“Without a clean break Order, if for example you were to come into any money by way of a surprise windfall or inheritance, your husband or wife would technically have a claim against that money and would be well within their rights to apply to the Court for a share of it. Your spouse can apply to the Court to ask for a share of your pension when you become entitled to start drawing it down and can apply to the Court for a share of your finances after you die."
“Sadly, the temptation of trying to save money by applying for an online divorce without seeking proper legal advice is becoming more commonplace. As divorce lawyers, we are now being approached on a regular basis for help to pick up the pieces of financial catastrophes that could so easily have been avoided.
“For many, getting a divorce will be the most important financial transaction they will ever make. Most solicitors offer individually tailored, fixed fee advice about separation, children and finances, so getting that advice before proceeding with any application to the court could be a cheaper and wiser option than finding out after the divorce that you are still financially responsible for your ex."
