Marlborough Living Jan - Feb 2020

ADVERTISING FEATURE
New Years Resolution
Strapline about the piece to include the
opening para if needed. No larger than
–
15pt,
Do
no
I
smaller
need
than
a Divorce
10pt
financial Order?
Peter Berry is a Family and Collaborative
Lawyer for Awdry Bailey & Douglas Solicitors,
based at the firm’s Marlborough Office
The most recent statistics, issued by the
Ministry of Justice, highlight an alarming
drop of over 60% in the number of
financial Orders being made in Divorce
proceedings. This is put down to the rise
in “Online” Divorce applications, where
the parties are more likely not to have
taken legal advice and do not know the
risks.
I hear a range of reasons for putting off
dealing with financial aspects:
• We do not need a financial order
because we have “sorted it out”
informally
• I don’t want to stir up a hornets
nest of issues, so I just live with it
• I “hope” we can agree a fair split of
the house at some point, later on
• We are going to leave it until the
children leave home
• We don’t have much to sort out,
just the house, pensions and some
credit cards…
Decisions that could come back to
haunt you. But why is a financial Order
so essential?
• If you are still financial tied to your
ex, how can you move on with any
certainty?
• Your idea of what is “fair” may well
be very different to your ex,
• Circumstances often change
significantly over relatively short
periods of time
• An informal agreement is not legally
binding, people to change their
minds
• What happens if you have inherited
assets, are they marital assets?
• What happens if your ex stops
paying towards the mortgage or
bills?
• What happens if your ex becomes
ill, gets injured or loses their job?
• Where’s your pension for the
future? Once you are Divorced, you
are no longer entitled to a spouse/
widowers pension and you may end
up with nothing.
Many of us are uncomfortable talking
about money, and when you are going
through an emotional time you may
feel even less inclined to deal with it.
However, it is an essential part of being
able to move on with your life.
After a Divorce, financial claims can
still be made. What happens if you
have; remarried, moved on with your
life, started a business, invested or
inherited and then a financial claim is
made by your ex? Claims for a monthly
maintenance payment, lump sums of
capital, property claims and pension
claims are all still left open and can come
out of the closet when you least expect it.
Taking specialist legal advice from us can
help you settle financial arrangements
and avoid future claims arising. We can
help you turn an informal agreement
into a binding, life long Court Order
too. These are commonly referred to
as “Consent Orders” & “Clean Break
Orders”.
Please contact peter.berry@awdrys.
co.uk for further details and if you wish
to organise a free initial consultation.
* reference source: Family Court Tables
(2011 to 2018) published at https://www.
gov.uk/government/statistics/familycourt-statistics-quarterly-january-tomarch-2019
82 | www.marlboroughliving.co.uk