It has been heavily publicised that the new online divorce system has been taken advantage of over the Christmas and New year break with a total of 455 divorce applications being made over the Christmas period, 77 of these on New Years day alone.
Can applying for a divorce online really be that easy?
Online processes do not deal with any finances that need to be resolved nor does it deal with any issues concerning children.
It is a common misconception that on decree absolute being pronounced that this provides what is called a ‘clean break’, that is that neither party can apply to the court for matters concerning finances. This is not the case. A clean break can only be achieved by way of a court order separate to the divorce itself. Therefore, even if you are divorced unless there has been a court order made by consent or by the court through proceedings, you may still make financial applications against the other.
If you are applying for the divorce yourself or have received a divorce petition, it is essential to obtain legal advice on how to resolve the finances and arrangements concerning children. Don’t leave it until after decree absolute has been pronounced especially if there are pensions involved in any financial division. We often see people where an agreement has been reached and sometimes even implemented but the other party is now wanting more. Seeking the correct advice is always the sensible step before agreeing or implementing anything following a relationship breakdown.
Please call the Family team at any of our offices for an appointment on 01206 764477.