Since the divorce process was streamlined in April 2022, many couples will now divorce via the online process without having spoken to a Family Solicitor, which means that it is highly likely these couples do not have a Financial Order in place.
The online divorce process asks you if you would like to apply for a Financial Order; however, simply ticking the box to say you do does not automatically provide you with a Financial Order.
When you marry, you create a legal and financial tie with one another.
The divorce application will end your legal tie, and a Financial Order is required in order to end your financial tie. In the absence of a sealed Consent Order or a Financial Order made by the Court, you will forever be financially tied to each other.
Selling a shared property does not end your financial tie, and neither does simply closing joint accounts or selling any other joint assets; an Order from the Court is required.
There is no timeframe in which you need to apply for a Financial Order; however, it is advised that a Financial Order is in place prior to finalising your divorce.
If you have recently applied for or received your Final Order in your divorce application, or if you have recently applied for a divorce, you may wish to speak with one of our Family Solicitors to receive advice regarding a Financial Order.
Insights from Megan Waugh
