When considering divorce or separation, we often get asked questions around divorce and finances. Here are a few of the most frequently asked...
Do we have to get divorced straight away or can we just deal with the finances?
Divorce proceedings do not have to be issued straight away if you would prefer to take your time with that for whatever reason.
If you can reach an agreement for the financial settlement the terms can be incorporated into a Separation Agreement. If your spouse then tries to change their mind the Agreement will be good evidence for a court on your intentions at the time.
However, if you do want more peace of mind by having a court order to confirm the settlement or if need help from the court to resolve the financial settlement then you may be better issuing divorce proceedings rather than waiting.
You cannot apply to the court for an order in relation to your finances until the divorce proceedings have begun and no final financial orders can be made until your divorce has reached the stage where the Conditional Divorce Order (what used to be known as the Decree Nisi) has been pronounced.
When considering whether to delay, you should take into account that, since the Divorce, Dissolution and Separation Act 2020 came into force, there is a 20-week period between the issue of proceedings and the date on which you can apply for the Conditional Order.
We can offer you advice on the best way to proceed for your individual needs.
Will I get more money if my ex has committed adultery?
No, poor behaviour during a marriage is not taken into account when considering the financial settlement except in exceptional circumstances, such as gambling away the family assets or causing serious physical injury. If the finances are dealt with by the court the judge is not otherwise concerned with how you have each behaved.
We’re not married. Are we common law husband and wife and what rights do I have?
There is no such thing as a common law husband or wife. If you are not married, you do not have the same financial claims against your partner.If you are not an owner of the family home, even if you have children together, you are unlikely to be entitled to receive any payment from the house, and if you are a joint owner you will only receive your specific share in the house. You will also not be entitled to any maintenance payments for yourself. You would be entitled however to child maintenance payments if you have children with your partner.
If you have children together you may have claims for further support for your children in certain circumstances. We can advise you on these claims in the event they apply in your case.
How we can help
Please visit our Divorce Frequently Asked Questions or Fixed Fee Divorce pages for further reading. Alternatively, please call me on 01332 364436 or email legal@timms-law.com.
