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Separating couples warned against delaying divorce

ORJ’s Head of Family Law has advised wannabe divorcees against staying married because of financial worries.

Research by Legal & General Retail revealed 17 per cent of all divorces that took place in the last five years were deferred because of money concerns.

Those surveyed cited worries over income and rising living costs, as well as the cost of the divorce itself.

But ORJ’s Angie Parker said delaying divorce when a relationship has broken down irretrievably can lead to increased emotional and financial pressures.

Angie said: “The cost of living remains very high and many families are under significant financial pressure. That being the case, it is tempting to delay a divorce in the hope that personal finances improve before seeking a legal resolution.

“Though I would, of course, never want people to rush into divorce and a pause can sometimes allow separating couples to get their finances in order, I would advise against delaying divorce if that is the inevitable conclusion.

“I have personally seen people end up worse off as a result of delaying proceedings.  There is no guarantee that finances will improve in the interim and, even if the relationship is amicable at the start, that might not always be the case.”

Angie said waiting to resolve issues can add unnecessary uncertainty and complexity. 

For example, if one spouse receives a financial windfall while married – such as inheritance or a lottery win – the other married partner may stake a claim to that money.

Delaying divorce can also take a heavy toll on mental and physical health, particularly if children are involved.

Angie added: “As well as running the risk of having to share a windfall with your spouse while still legally married, you may also remain liable for any debts they rack up after you separated, if they are joint liabilities or if they were considered part of the matrimonial debt.

“Remaining married means that when it comes to the divorcing at a later stage and deciding how to distribute the matrimonial assets, the court can consider all assets including those acquired post separation depending on the needs of the parties. For example, should you need to buy a car for your own use, the partner could make a claim on that asset when the divorce eventually takes place.

“In the most extreme example, would you want your soon-to-be ex-spouse to inherit all of your assets if you suddenly died?

“The sooner you can achieve closure and financial security the better – and it’s vital that you seek legal advice to protect your interests, even if the divorce appears straightforward.”