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30/03/2021

No Fault Divorce – Do I need a Solicitor?

Couples hands with divorce agreement on the table
A New Minefield?

The procedure for no fault divorce is likely to be introduced later this year. No fault divorce may sound very attractive and simple. However, how the petition is completed can have serious financial consequences for you and therefore is not as simple as at first sight appears.

We would still recommend anyone wishing to commence divorce proceedings by way the no-fault procedure, to seek the help of a divorce/family solicitor to ensure that you are fully aware of any pitfalls that can seriously affect financial, property and pension issues, particularly how the Petition is completed.

We have come across several cases where the Petition has not been completed properly online by a client acting for themselves, and this has caused serious problems for them regarding financial claims.

The Petition needs to set out the financial/property claims to be made by the Petitioner and if these are not made in the Petition and you then remarry, you are barred from making any financial property or pension claims against your former wife or husband.  This can be extremely costly for you.

If the Decree Absolute is made and your former wife or husband dies, before any financial order is made, you would not be their widow or widower for their life insurance or pensions and would not automatically receive anything following their death.

It is therefore essential to make sure that your Petition is completed properly.  It is extremely important to obtain proper legal advice and help before starting your divorce to ensure that all of the sections are completed fully and in your best interests.

We can help you navigate the new minefield to your best advantage. If you need advice about divorce, financial arrangements or children matters, please contact Pam Arrowsmith or Harbinder Gosal in the family law department on 0345 20 73 72 8, parrowsmith@thursfields.co.uk or hgosal@thursfields.co.uk

Pam Arrowsmith 2018 Colour

Pamela Arrowsmith,

Consultant Solicitor, Family Law

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