The introduction of an immediate ‘no fault’ divorce process from April this year is a very welcome development following many years of campaigning by family law professionals. The days of having to cite legal grounds of ‘adultery’ or ‘unreasonable behaviour’, and the emotional scars inflicted by this, are thankfully behind us.

The digitisation of legal processes is also very welcome. It makes it all less daunting and far more user friendly particularly for those without legal representation.

These developments have led to a dramatic 22% increase in divorce applications compared to the same time last year. This is a clear positive endorsement of the changes which have been made, but what is perhaps more significant is that at the same time there has been a dramatic 31% drop in financial remedy applications – which is an application to the Court (either contested or often by consent) for orders regulating the financial settlement.

This is concerning because in almost every divorce there is a need for a financial order to be made. Even in cases where there are no assets to be divided, a peculiarity of the relevant laws is such that there is no time limit on making a financial application against the other party, even once the divorce has gone through. That potentially exposes former spouses to future financial applications if their financial circumstances improve.

Additionally, unless an agreed financial settlement is formally documented it is very unlikely to be legally binding thus leaving the door open for further financial claims in the future. A ‘clean break’ financial order would completely eliminate those risks.

One take on this is that it is indicative of people electing to undertake the divorce process without legal advice or representation, and not realising the importance that a financial order is made and the potential risks they may be exposing themselves to without one.

DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.