Ten Common Misconceptions about Family Law Myth no 3: I have a decree absolute - so my ex has no claims against me.

August 13, 2020

 

Many people get their divorce without consulting a solicitor.  That the system has become more user-friendly, especially now that divorce can be conducted online, is a good thing.  The process has become faster, and it is harder to make mistakes.  It does mean however, that less people get advice on their unique situation.  Every family, every couple, is different. 

 

In law, the division of the property and finances side of a divorce is separate from the divorce itself.  This means that the divorce process, in being easier to conduct without a solicitor, can be seen at the whole process.  But whilst the decree absolute ends the divorce, it does not end the parties’ claims for money and property.

 

The last stage of the divorce is the decree absolute, also known as the final order.  This ends the marriage and some limited financial claims, but to think that it ends all of the parties’ financial claims against one another, is incorrect.  Those claims live on, claims for some pension rights, property, income/maintenance, lump sums…. Claims that can only be dismissed by the court.

 

Even if the decree absolute is years old, those claims may well be alive and full of potential.  That said, such claims can lessen over time, so it is important to get some specialist advice as early as possible.

 

If you wish to speak with one of our specialist solicitors in confidence please contact us on tel 01622 23 88 50, or by email at info@snslaw.co.uk. 

 

If you wish to speak with Tanya or Richard, our family law solicitors, you can email tanya@snslaw.co.uk or richard@snslaw.co.uk. 

 

Watch this space next week for Myth Number Four.

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