With Strictly’s Katya and Neil’s imminent divorce hitting the headlines, Lorna Tipple of Thursfields solicitors considers the likely issues that the couple will be facing.
“As the new no-fault divorce law has yet to come into force, Neil and Katya’s divorce is likely to cite one party’s unreasonable behavior” comments Lorna. “The divorce itself simply dissolves the marriage which is only half of the story” continues Lorna “just as important is for the couple to finalise an agreement concerning their finances and for that agreement to be approved by the Court by way of a binding Order”.
It is worrying that many people believe a divorce and an agreement between a couple regarding their finances is sufficient. The prevalence of DIY divorces has not helped with this, resulting in a high number of people with financial claims still open and thus the likelihood of future claims and issues that will need to be resolved, potentially a significant time after Decree Absolute dissolving the marriage is pronounced.
No matter what a divorcing couple’s financial situation is, an Order finalising their financial affairs is imperative. If there are no assets and no children, a clean break is likely to be appropriate. This draws a line ensuring no future come-back. A divorcee can then win the lottery in the future without risk of a claim being made, for example.
In the majority of cases, matrimonial assets exist and these assets must be identified, quantified and an agreement reached as to distribution. Parties should provide full and frank financial disclosure as to their complete financial circumstances, to allow a fair and reasonable settlement to be agreed.
Neil and Katya will have all of this to resolve in conjunction with the divorce proceedings themselves. It is important that all aspects are considered carefully to ensure proper provision is made for each party, hence the need for specialist legal advice.
With many people looking forward to the return of Strictly this Autumn, the question remains – will the Strictly curse strike once again?
If you require advice on separation, divorce, financial or children matters please contact Lorna Tipple on 01562 512479 or email email@example.com