Do I Need a Court Order in Relation to the Financial Settlement Arising Out of My Divorce?

You’ve started a divorce application, or are divorced, and you’ve reached an agreement about the financial settlement arising out of your divorce. Is it necessary to obtain an order from the court to formalise the agreement?

Should spouses decide not to obtain a court order dealing with financial provision, and in the event that the re-marriage trap does not apply (see our previous blog which covers this topic), then the claims which each spouse has against the other are left open, with the possibility of one spouse making a claim against the other, even where money and or property may have been paid out or transferred to one spouse by the other. The absence of a court order dealing with the financial claims on divorce creates uncertainty and risk.

We have a number of expert lawyers in our Family Department who specialise in this area and we can advise and assist you in respect of such matters. For more information, please contact us.