Decree Absolute cuts the ties, but not the purse strings

Ask yourself this question…

If you were married for three years, had a child together then separated, would you think it right that the assets of the relationship should be divided without taking into account who had created them within the relationship?

Then ask…

If you were divorced some ten years later, would you expect to divide the assets at the time of the divorce or at the time of separation?

And then ask…

If you are now divorced and over the next decade you create a multimillion pound business and a personal fortune, should you be expected to give half, a tenth or indeed any of it to the person you separated from twenty years ago?

If we are honest with ourselves, very few of us would probably be prepared to pay anything to a former spouse we had separated from such a long time ago, especially if you are now divorced.

Ask an experienced divorce lawyer the same questions and they should tell you straight that financial claims should be finalised at the time of the divorce and a Court Order should be obtained at time of the decree absolute. Without that Court Order there is always the possibility that claims could be made over wealth created after a divorce.  This has just been unanimously upheld in the Supreme Court, leaving the possibility of a claim being brought by a former spouse, regardless of how long ago you separated or even divorced if no final Order has been obtained.

Whether you are thinking of separating, divorcing or you were divorced years ago, it is up to you whether you take steps to protect yourself by having a final Order.  However, it is essential that you take time to seek advice from an experienced divorce lawyer to understand your position and the potential consequences of failing to act.

At ORJ Solicitors, the Family and Matrimonial team have the experience to assist and will give you basic free advice for you to decide the answers to these questions. You can call us on: 01785 223440