Divorce myth number 7 – when the decree absolute is pronounced the finances are resolved.

4th July 2013

Laura Lambert of Ansons LLP Solicitors family law team in Cannock, Staffordshire, explains: “This is not the case.”

The only way to resolve the finances on a full and final basis is to have a consent order, sometimes also referred to as a ‘clean break order’ (although they can be very different orders) drawn up and approved by the judge within divorce proceedings.

Without this document either party is free to make a future financial claim against the other in respect of property, pensions, maintenance, lump sum or against the estate of the other spouse in the event of their death.