The latest release from the Office for National Statistics (ONS) shows divorces plummeted in 2022, following the introduction of ‘no fault divorce’ in April that year. The data, which covers January – December 2022, shows that divorces dropped by 30% compared with the previous year – the lowest number since 1971.

In conjunction with these statistics, the latest figures from the 2021 Census have unveiled the regional divorce landscape. Hastings has the highest divorce rate in Sussex and in the South East, at 12.1%, and the second highest in the UK after Norwich (12.8%).

This is followed by Eastbourne (11.7%), Worthing (11.1%) and Arun (10.6%). Brighton and Hove, Adur and Crawley sit in joint fifth place for divorce rates in Sussex with 10.2%. Lewes is further down the table with 9.6%, closely followed by Chichester at 9.5%, Mid Sussex at 8.8% and Horsham at 8.7%.

Leading family lawyers are speculating that plummeting divorce rates could be reflective of changing attitudes to marriage, with many couples simply choosing to cohabit instead of tying the knot.

Karen Jeary, one of our family partner and solicitor said: “A drop this significant is hugely surprising and one we haven’t seen for many years.

“Whilst ‘no fault divorce’ legislation has simplified the process for couples, the ONS data suggests that fewer people may be choosing to get married in favour of other living arrangements. Coupled with the aftermath of the pandemic and cost of living crisis, marriage and divorce may be simply unaffordable for some people, which is reflected in the decrease in divorces.”

The statistics also show that 29% of divorces in 2022 were granted under joint application, which was introduced as part of the ‘no fault divorce’ legislation.

However, our family lawyers warn that whilst ‘no fault divorce’ has made the process better for the parties and less blame-orientated, DIY divorce applications should come with health warnings for couples.

Finally introduced in April 2022, ‘no-fault divorce’ represented a huge modernisation of the divorce system in England and Wales, bringing legislation in line with many other countries around the world. Under the new legislation, separating couples no longer have to set out reasons for the divorce, removing the need to apportion blame. Now, when making an application for divorce, couples can cite an ‘irretrievable breakdown’.

Karen said: “It’s definitely now easier to separate and a huge amount of acrimony has been removed from the process. However, there are still warnings that couples should be aware of, particularly when parties are representing themselves and where there are complex financials.

“It’s great couples can now apply jointly as sometimes there’s a natural, mutual point in time where couples feel a marriage isn’t working. However, this does offer an opportunity for one party to be more dominant and attempt to manipulate the other, particularly if they are financially weaker. Anyone applying jointly for a divorce should take extra care to make sure all finances are disclosed right from the outset and independent legal advice is taken.”

While getting a divorce may be easier now than ever before, there are still complications in the process, particularly where money is concerned. Pension pots, investments and other assets must all be taken into account to ensure that any outcome is as fair as possible.

One option separating couples can pursue is a financial order. These court-issued documents dictate how sums of money should be distributed, after a divorce has been filed.

“Money is still one of the most contentious areas of any divorce, and that’s never likely to change,” said Karen.

“Even if a couple has simply fallen out of love, each party will still be wanting to get the best financial deal going forward. Particularly if there are children involved, or any complicated maintenance needs, it’s essential everything is disclosed, calculated correctly and shared fairly.

“A financial order can be extremely helpful, but these are complicated documents and certainly require the help of a legal professional. It may be an additional cost, but the risks of getting it wrong can be severe. Likewise, getting a financial order in place after a divorce has been granted can be much trickier; it’s best to think about it from the start.

“’No-fault divorce’ means people can now start the process on a much more amicable footing. They can agree it’s broken down and then apply for a divorce. People are obviously still behaving unreasonably but there’s no need to use that as the main factor for the separation. Things are calmer from the beginning and that makes it much easier for lawyers to reach a settlement that works for everyone.”

As a family solicitor with over 20 years’ experience, it is a worrying fact that there continues to be a widespread acceptance of the myth that cohabiting couples are protected under the existence of a “common law marriage” which simply does not exist.

Shakespeare Martineau, who are also part of the Ampa Group, shared the results of their findings having commissioned Censuswide to survey 504 people who were looking to buy their first or second home in the 12-month period January 2022 to January 2023. A huge 47% of those surveyed believed there to be such a thing as a Common Law spouse.

Co-Habitees
Couples that choose to live together prior to becoming married or entering into a civil partnership are increasingly popular. Unmarried couples do not share the same legal rights as those who are married or have entered into a civil partnership. Different legislation applies to cohabiting couples, unfortunately, this frequently leaves separating cohabiting couples and families both legally and financially vulnerable. Cohabitees are treated in law very differently to couples seeking to divorce.

The issues of cohabitation come into effect when cohabiting couples decide to purchase a property together or indeed when one partner moves into a property owned by the other. It is important that when parties decide to purchase a property together, they have a frank discussion as to how the property is to be owned and how any financial contributions to the property are to be protected in circumstances where one party may have made a capital contribution for example to the purchase price and indeed to discuss how the couple are to make financial contributions to the property going forward.

The Law
Of those surveyed, 41% believed that if one of them is paying the utility bills relating to the property, that they automatically obtain a share (an interest) in the property. This is not the case. If the property is owned in the sole name of one party, the other will only obtain an interest in the property if they contribute to the mortgage payments or pay for work undertaken to the property which increases its value. However, the legislation that deals with such matters is based on land law and how a potential beneficial interest is acquired on the basis of a trust. This is difficult to prove and can lead to lengthy, stressful, and potentially costly Court proceedings, this can be avoided as I set out below. There is no automatic entitlement to a share in property where parties cohabit, no matter how long they may cohabit for.

Joint Ownership – 2 Options
When purchasing a property, your conveyancing solicitors will request confirmation from you as to how you wish to own the property. There are two ways of owning a property jointly. The first option is to own the property as joint tenants. If you own the property as joint tenants, you own the property equally. As joint tenants, you will automatically inherit your cohabitee’s share of the property if they were to die, regardless of what their Will mistake. Alternatively, you can own a property as tenants in common. The property will still be jointly owned but can be owned in either equal or unequal shares. Your Wills would then state who you wish to inherit your share of the property. It is crucial therefore that you ensure that you make Wills should you choose to purchase a property in this way.

When purchasing a property, it is important to fully understand how you wish to own the property. If for example, one cohabitee is contributing to the deposit i.e. from an inheritance, a gift from parents or indeed finances from a previous divorce settlement, it may well be that they wish to protect that money if indeed the property was to be sold in the future or indeed if the relationship were ever to break down and the property be either transferred to one or other of the owners or if it were to be sold. By owning the property as tenants in common, the cohabitees could enter into a Declaration of Trust which would set out the parties’ respective shares and therefore any financial contribution to the purchase of the property could be protected.

Living together in a partner’s property.
If a couple have decided to move in together and it has been agreed that one will move into a property solely owned by another, again it is vital that an agreement is reached as to ‘who pays what’. It is important for the owner of the property to understand that if their partner contributes to the mortgage or house improvements, they could argue later that they have acquired what is known as a beneficial interest and therefore a share in the property. To avoid any litigation or confusion later, the parties should consider entering into a legally binding Cohabitation Agreement setting out their financial arrangements. Whilst this may be an awkward conversation to have at the start, it can prevent many potential difficulties in years to come if the relationship breaks down.

What do you need to do?
Whether you intend to purchase a property jointly with your partner or plan to move into your partner’s property, it is crucial that you consider the financial arrangements of doing so to protect both partes. If purchasing a property, consider how the property is going to be owned and think about entering into a Declaration of Trust and a Cohabitation Agreement. If you are going to be moving into a partner’s property, you must consider entering into a Cohabitation Agreement.

At Mayo Wynne Baxter, we can advise you in relation to the above and help you decide the best way to protect your money and property. Get in touch with the Family Team.

Here’s some tips for a loving, long and financially successful marriage!
Pre-Nuptial Agreements
The popularity of Pre-Nuptial Agreements has increased substantially over recent years. Second marriages, marrying later in life and couples living together longer prior to marriage are just a few of the reasons why Pre-Nuptial Agreements have become more well-known and no longer simply for the ‘rich and famous’.

What is a Pre-Nuptial Agreement?
A Pre-Nuptial Agreement is a written Agreement, or Contract, between two partners in readiness of their marriage or civil partnership. The purpose of the Pre-Nuptial Agreement is to set out the respective assets and liabilities of the couple including savings, property, business assets and specify what would happen to the parties’ respective assets should the marriage or civil partnership come to an end in the future.

Pre-Nuptial Agreements are not automatically legally binding in England and Wales. This means that the Court, when dealing with the division of the finances of a marriage, is not bound to uphold the Pre-Nuptial Agreement. However, following the 2010 Supreme Court decision of Radmacher v Granatino where the Court determined “the Court should give effect to Nuptial Agreements that are freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”. Pre-Nuptial Agreements which have been thoughtfully and correctly undertaken will be important evidence for the parties should the marriage end. Entering into a Pre-Nuptial Agreement is therefore an important consideration to make prior to any marriage or civil partnership.

How to make a legal Pre-Nuptial Agreement
Provided the Agreement has been entered into correctly there is every chance that a Court would uphold and give effect to a Prenuptial Agreement. There are a number of requirements that should be met if the Pre-Nuptial Agreement is to be upheld in the future:-

The Agreement must be freely entered into, it is therefore important that both parties obtain independent legal advice and that no pressure is placed on either party to enter into the Agreement.
The couple must disclose their assets and liabilities with one another and it is important for this information to be annexed to the Agreement by way of a schedule.
The Agreement should be signed at least 28 days prior to the marriage or civil partnership and it is therefore important for the couple to look into obtaining independent legal advice at least three months prior to the marriage to ensure that there is sufficient time for them to obtain independent legal advice and exchange financial disclosure.
Both parties must have a full appreciation of the implications of the Agreement. It is impossible to know what will happen in the future, however the parties will need to give thought as to the effect of the Agreement. For example, if they expect to have children, one party has substantial assets or the probability of receiving inheritance in the future.
Advantages of a Pre-Nuptial Agreement
The main advantage of entering into a Pre-Nuptial Agreement is that it enables a level of certainty in that the couple has the freedom to agree at the outset of the marriage what would happen with the finances of the marriage, and how they would be divided, were the couple to separate or divorce at a later date. This would also avoid the uncertainty upon separation as to what happens with the finances of the marriage thereby avoiding time and stress in the future.

Entering into a Pre-Nuptial Agreement may well save money. Whilst the couple would incur legal fees in respect of the preparation and drafting of the Pre-Nuptial Agreement, this is usually cheaper than the cost of Solicitors contesting financial remedy proceedings in the event of a divorce. Further, it is an opportunity for the couple to agree to “ring-fence” certain assets particularly if they are sentimental to one person, one party has built up substantial assets, or perhaps has, or expects to, receive inheritance. If the parties have thought carefully as to the division of the assets within a Pre-Nuptial Agreement and ensure the needs of both parties and any children would be met, the Court is more likely to uphold these agreements.

A Pre-Nuptial Agreement is particularly useful if one party has an interest in a family or small private business as not only can this protect that party but also the party’s business partner or other shareholder thereby preventing a potential disruption to the business in the event that the marriage breaks down.

Disadvantages of a Pre-Nuptial Agreement
The discussion of financial issues between couples can be one of the most difficult aspects of marriage, and discussions prior to marriage may seem unromantic. However, it is far better for a couple to enter into a Pre-Nuptial Agreement now and avoid the uncertainty of the future.

What is a Post-Nuptial Agreement?
Whilst it is more advantageous for a couple to agree all of the arrangements prior to their marriage, it is possible for a couple to enter into a similar Agreement following their marriage. This is known as a Post-Nuptial Agreement. Again, Post-Nuptial Agreements are not legally binding in England and Wales; however, the Court must give appropriate weight to, and consider, a Post-Nuptial Agreement.

If you are considering entering into a Pre or Post Nuptial Agreement, or would like further advice concerning the potential benefits or detriments of entering into such an Agreement, the Family Team would be pleased to hear from you and can be contacted on 0800 84 94 101 or email enquires@mayowynnebaxer.co.uk.

From Wednesday 26th July, the government is changing the ‘Statutory Legacy’ sum from £270,000 to £322,000, which means if a person dies without a Will, in addition to being entitled to their personal effects, their spouse or Civil Partner will automatically receive up to £322,000 worth of assets from the deceased’s estate, with the remaining sum split 50/50 between the surviving spouse/Civil Partner and any children.

What if we don’t have children?
If there are no children then the surviving spouse/Civil Partner will automatically inherit everything. But this is only applicable to those who are married or in a Civil Partnership, and doesn’t include cohabiting couples.

Why does Statutory Legacy only apply to married couple or those in a Civil Partnership?
Despite many people believing this to be the case, there is no such thing as a ‘common law spouse’ and therefore, you don’t have the same rights married couples or those in a Civil Partnership.

Without a Will in place, you and your loved ones are unprotected, and instead of following your wishes the distribution of your estate at the point of death, will be determined by fixed rules under UK law.

Is the increase is Statutory Legacy a good thing?
For estates worth less than £322,000, the surviving spouse/Civil Partner will inherit it all. For estates over the new threshold, a split in inheritance could lead to issues for those left behind.

If the deceased owned the family home in their sole name, subject to the value, this new statutory legacy threshold could lead to surviving spouses or Civil Partners being forced to sell the property to release sums due to their children, or including children on the deeds, potentially limiting what the surviving partner can do with the property down the line.

It’s worth noting that the rules of intestacy use an arbitrary system to prioritise distribution of assets, which is limited to: spouse/Civil Partner, children, parents, siblings, grandparents, aunts/uncles, and therefore doesn’t take into consideration step-children, or other dependents you may have.

The only way to guarantee they are included in your estate is to prepare a will.

Could someone dispute the Statutory Legacy?
With the cost of living crisis and an increasing number of second marriages, blended families and unmarried couples, an estate that is distributed under intestacy (without a Will) is more vulnerable to costly challenges and claims from dependents, or those who were given promises of inheritance.

For example, children often feel aggrieved if the home they grew up in is left solely to their step-parent, and likewise surviving cohabiting partners can be forced to effectively challenge the intestacy rules by bringing a claim against their late partner’s estate, if it means losing half of their home to their deceased partner’s children.

Making a Will is something every adult should consider, to protect their loved ones in the future.

We carried out some analysis that has revealed that 4 out of the 5 largest price comparison websites[i] reference a common law spouse – perpetuating the myth that such a relationship status exists and putting people at huge financial risk.

MoneySuperMarket, Go.Compare, Compare the Market and Quote Zone – which have a combined estimated 22 million visits each month – allow users to select that they are in a “common law” relationship, despite no such status being recognised in law.

Our expert family solicitor Karen Jeary has warned that the incorrect language used on price comparison websites adds to the distress caused to those believing they were protected by a “mythical relationship status”.

Karen said: “Throughout my career, I have spoken to numerous unmarried people following the breakdown of their cohabitating relationship who incorrectly believed their positions were similar to married couples and could make similar claims on the breakdown of their relationship.

“However, the current law that applies to cohabitees means it is possible in certain circumstances to live with someone, have children with them and for there to be no ongoing financial responsibility for the former partner – only the children.

“For example, they may have contributed to mortgage payments on a property they did not legally own believing it guaranteed them an interest. Sometimes, they may have invested capital in a property that was in their partner’s sole name. While we may be able to establish that they have a beneficial interest in the property, doing so has an emotional and financial impact.

“In other situations, people have believed they are entitled to a form of maintenance for themselves because they are a ‘common law spouse’ with the reality being the only support will be for any children from that relationship.

“There is a real risk people will take major financial decisions based on their belief in an entirely mythical status and, in doing so, expose themselves to significant amounts of financial insecurity and even litigation. So long as insurance websites and companies perpetuate the myth, people will keep on believing it.

“Family lawyers can – and do – regularly speak up to try and make the position clear, but people interact with price comparison sites a lot more frequently than they do solicitors so it is becoming increasingly difficult to convince people when they are so regularly told the status exists.”

According to the latest government figures, there are currently 3.6 million unmarried couples living together in the UK – an increase of 23% in the past decade. Further research [ii] also revealed that almost half of people (47%) who are looking to buy a house incorrectly believe a status of common law spouse exists, with a further 20% of the difference in rights between married and unmarried couples.

Karen added: “Getting married isn’t for everyone and cohabiting can provide a financially practical option for many couples, especially as we contend with the cost-of-living crisis. However, it is vital that legal protection is put in place in case a relationship fails.

“A cohabitation agreement, which sets out what will happen to joint and separate assets in the event of a break-up, should be the top priority for all unmarried couples planning to move in together. It is especially important to have this agreement in place if the house is in one party’s name only or if children are involved, as protecting your wealth will provide security and help safeguard their future.

“Although this may be an uncomfortable thought, it is important to consider all eventualities and arrange legal protection if something was to go wrong. It is a bit like having insurance – you hope you don’t have to use it, but it is there should the worst happen.

“Ideally, the law should reflect modern life and family lawyers have long pressed the government to introduce some level of rights for cohabiting couples. Sadly, there’s no sign of that happening. Until it does, cohabiting couples need to remember there’s no such thing as a common law spouse and protect themselves accordingly.”

[i] Mayo Wynne Baxter analysed the available relationship options across the five largest price comparison websites in the UK: MoneySupermarket, GoCompare, Compare the Market, Quote Zone and Confused.com.

MoneySupermarket, GoCompare, Compare the Market and Quote Zone all referenced “common law”.

Insurance price comparison website

How cohabiting is referenced

MoneySupermarket

Common law

GoCompare

Common law/living with partner

Confused.com

Living with partner

Compare the Market

Common law-partnered/cohabiting

Quote Zone

Common law

[ii] Mayo Wynne Baxter commissioned Censuswide to survey 504 people who were looking to buy their first or second home within the next 12 months.

What happens to our frozen embryos when we divorce?
The number of couples who are deciding to freeze their embryos for personal and medical reasons is ever increasing. As a result, the Human Fertility and Embryology Act was put into force to police this modern innovation, but this new law has some deep flaws which are yet to be resolved.

In particular, what happens to these frozen embryos when the couple that made them decides to divorce?

How long can I store my embryos?
Embryos can be stored for up to 10 years, after which if they have been unused, they must be destroyed (an additional two years of storage was allowed due to the disruption caused by Coronavirus). This limit can also be extended for up to 55 years for individuals who can demonstrate a medical need for prolonged storage.

Does my partner need my consent to store / use the embryo?
Currently, a frozen embryo can only continue to be stored or used in treatment with the consent of both parties. Once the consent of both parties is given, either party is legally entitled to withdraw their individual consent at any time.

However, the withdrawal of consent triggers a 12-month ‘cooling-off’ period, during which the consent of both parties must be given in order for storage of the embryos to continue and consequently any possible use of the embryos in treatment. If both parties do not give their consent within this 12-month period, the embryos will be destroyed. Overall, the entire process of the storage and use of frozen embryos surrounds the consent on both parties involved.

Understandably, this matter is an emotional one for individuals who may see these embryos as their last chance to become a biological parent, despite the breakdown their relationship. Given the historical controversy of the ‘pro-life’ versus ‘pro-choice’ argument, it is shocking to note that, when it comes to frozen embryos, the right to life of the embryo and the right to a family life does not outweigh either of the parties’ right to withdraw their consent.

How can I protect my embryos if I divorce?
In light of these circumstances, some couples try to negotiate the continued storage of these embryos and even agree to sign away the possibility of making any financial claims on any children.

However, even these agreements are certainly not simple and more importantly, not legally binding. With this in mind, we would encourage anyone who is contemplating freezing their eggs to consider their legal position in order to avoid disappointment should their relationship break down during this 10-year period of storage.

Contact us:
The Family Team at Mayo Wynne Baxter is prepared to support the modern family through these issues with personal, but pragmatic legal advice. With the leadership of Resolution member, Grant Parker, we encourage our clients, where appropriate, to have amicable and calm conversations to reach an agreement that both parties are happy with.

If you are contemplating divorce, separation or the legal repercussions of fertility treatment, please call 01323 730543 to make an enquiry today or contact us here.

A business, in which one or both of the parties on divorce has an interest, is a financial resource which the court considers when determining a fair financial outcome. This will be determined in accordance with what are called the s25 factors.

S25 Factors: What does the law say?
These are the range of factors set out in s25 of the Matrimonial Causes Act 1973. These factors include; the needs of the parties, the standard of living enjoyed during the marriage, income and earning capacity and contributions made during the marriage.

The court treats business interests as a resource of the parties under section 25(2)(a) of the Matrimonial Causes Act 1973.

The court has two essential functions in financial remedy cases involving businesses:

To establish the value of the parties’ interests in the business.
To decide how that value should be reflected in the final financial distribution.
The decision about whether to value a business in proceedings for a financial remedy may not be straightforward and it is essential to obtain expert legal advice before proceeding with a valuation.

Step 1: Valuing a business
There are several different methods an expert may use to value a business. The expert will value the business taking in account various factors, for example, the assets that the business owns, the business earnings and profit and the way the business established and run.

In valuing a business, an expert may consider issues of liquidity and how money can be withdrawn from the business to fund a settlement, or the extent to which the business provides income to meet ongoing periodical payments (spousal maintenance).

Is divorce settlement money from a business taxable?
There are tax implications to extracting money from a business to fund a settlement and an expert should be asked to consider the most tax efficient methods of raising capital. If a substantial dividend is extracted to allow a party to pay a large lump sum and continue working in the business, both CGT and dividend tax may be payable.

What happens in regards to shares?
In exceptional circumstances, determining a fair financial outcome based on the current market value of shares may not be appropriate. For example, in B v B [2015] EWHC 210 (Fam) the husband was part of the senior management of a pharmaceutical company, in which he held shares and loan notes acquired during the marriage. The shares and loan notes were non-transferrable, and the court found that the wife should share in their future value as and when they were realised, by the husband paying her a lump sum or series of lump sums.

What happens if the business is not doing well?
The value of a business is not the same as the value of cash. In Wells v Wells [2002] EWCA Civ 476, the husband retained the majority of shares in the business, which was performing poorly and which the judge had found impossible to value. In addition, he was awarded £695,000 and the wife received around £1.35 million. The husband appealed and the Court of Appeal increased the husband’s share of non-business assets.

Step 2: Achieving a fair financial outcome
To achieve a fair financial outcome, courts may:

Divide the assets in specieto provide each party with a proportionate share of the liquid and illiquid assets
Transfer shareholdings held by one party to the other.
This would particularly be the case where the parties to the divorce are both shareholders in the business and would be in accordance with the ‘clean break’ principle (that former spouses should settle their financial affairs in a way so that financial relations between them completely come to an end).

It would be rare for a court to order the transfer of shares to another party where only one party owns shares in the company as this would go against the clean break principle. It could also cause disruption to the running of the business.

Apply a discount to illiquid assets received by a party.
The court also has the power to order a sale although a court will rarely do so because often, a business will be a source of wealth for the parties that, if sold, would bring an end to the income that it generates. Also, if a substantial part of the family wealth is the business, its liquidity might make it difficult to achieve a clean break.

If you would like any further information on how the court treats business assets on divorce, then please do not hesitate to contact a member of our team for a confidential discussion about your personal circumstances.

Why is the law changing?
Under current law, married couples need to evidence the irretrievable breakdown of the marriage by relying on one of five ‘facts’ – unreasonable behaviour, adultery, desertion, two years separation with consent or five years separation. Because the minimum period of separation is two years (with consent) or more, couples must either rely on ‘unreasonable behaviour’ or ‘adultery’ to evidence the irretrievable breakdown of the marriage. That can sometimes put couples in a difficult position and cause a strain on what may be a civil relationship.

In 2018 the Court of Appeal unanimously rejected an appeal by Mrs Owens (Owens v Owens 2018) to divorce her husband following their 39-year marriage, despite being ‘desperately unhappy’. Mrs Owens’ was forced to remain married to her husband until they had been separated for five years, when she no longer needed to obtain her husband’s consent. The unusual ruling of the Court of Appeal called for a new system to be introduced.

The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce to enable married couples to divorce without having to lay blame on one another. The new legislation comes into force on 6 April 2022 and should encourage a more constructive approach to divorce and separation.

What is no fault divorce?
From 6 April 2022 married couples will no longer need to prove the breakdown of the marriage by citing one of the above five facts. Couples will also be able to jointly file for divorce rather than it being solely down to one person to bring the case.

Under the current system, one person submits a divorce petition, and the respondent must confirm whether they contest the proceedings or not. The new procedure will take away this option to ensure we do not have any further situations like the above case.

The current wording of the divorce process is also considered archaic so that is being brought up to date and terminology such as ‘Decree Nisi’ will become the ‘conditional order’ and ‘Decree Absolute’ will become the ‘final order’.

How can I apply?
Between 1 April and 5 April, the online divorce portal will be offline. Any applications submitted on or before 5 April will be dealt with under the existing law. On 6 April people will be able to apply online via the www.gov.uk website.

If a sole application is made a copy of the application will be sent to the respondent. From the date of issue of the application the parties will need to have a ’20-week cooling off period’ before they are able to apply for the Conditional Order. From the date of the Conditional Order being made, the parties must then wait 6 weeks before applying for the Final Order to conclude the marriage.

How much will it cost?
The current cost of issuing divorce proceedings is £593. There is no information yet that this will change.

Will the Court consider how we separate our finances?
Splitting the finances is an unavoidable task if you want to provide security for yourself. Although much more streamlined and conciliatory, the divorce process itself will not resolve how you will go about splitting the matrimonial finances and/or protecting yourself once a Final Order has been granted.

If you cannot reach an agreement either directly or via mediation, negotiations through solicitors may be required and/or an application to the court.

How do I know what I am entitled to?
It is important you understand the options available before deciding how to deal with the financial arrangements between you. Married couples have the right to make financial claims against each other in respect of the following;

Property adjustment orders (i.e. orders for sale of properties or transfer of ownership)
Lump sum orders (payments of capital)
Maintenance (i.e. income payments)
Pension sharing orders
Regarding the financial arrangements between spouses, the court takes various matters into account when considering what orders should be made. The Court considers all the circumstances of the case, gives first consideration to the welfare of any children of the family under the age of 18 and in particular, the Court has regard to the following matters which are set out in Section 25 of the Matrimonial Causes Act 1973;

The income, earning capacity, property, and other financial resources which each spouse has or is likely to have in the foreseeable future including, in the case of earning capacity, any increase in that capacity which would be in the opinion of the Court reasonable to expect a person to take steps to acquire.
The financial needs, obligations, and responsibilities which each spouse has or is likely to have in the foreseeable future.
The standard of living enjoyed by the family before the breakdown of the marriage.
The ages of each spouse and the duration of the marriage.
Any physical and mental disability of each spouse.
Contributions which each spouse has made or is likely to make in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family.
The conduct of each spouse, if that conduct is such that it would be in the opinion of the Court to be inequitable to disregard.
The value to each spouse of any benefit which one spouse because of a divorce will lose his chance of acquiring (most usually pension provision).
The aim of the Court is to achieve fairness. A key factor when determining matters is the reasonable needs of yourself and your spouse. The Courts also take into consideration the concepts of ‘needs’, ‘compensation’ and ‘sharing.’

Before you can fully understand how the matrimonial finances should be divided there should be some form of financial disclosure between you. That will enable you/your solicitor to understand exactly what is in the matrimonial pot to be shared and the most appropriate way of doing so in order to meet your respective income and capital needs.

Once you are happy that you understand both of your financial positions you can consider putting forward proposals for settlement.

What if we can’t agree how to split the finances?
If you are unable to agree between you and solicitor’s negotiations prove unsuccessful, an application to the court for financial remedy may be required. This should not be considered as a hostile step as it will ensure a timely resolution to proceedings.

The court will make directions as to the evidence required from both of you and set dates for when the evidence should be provided. There will be various hearing dates set to progress your case through to resolution.

What do we do if we have reached an agreement between ourselves?
If you have reached an agreement, you are both happy with, you should contact one of our expert family law advisors who will be able to convert the agreement into a legally binding Consent Order and prepare the accompanying documents for the court’s consideration. Approval of the Consent Order is not a rubber-stamping exercise, so it is important your agreement is presented in the best way possible to explain any imbalance.

What are the risks if we do not formalise our financial agreement?
Even if you do not have any marital assets to split, it is still important to file a Consent Order with the court to provide for a clean break between you. If you do not you leave yourself open to a claim from your former spouse at any time. This is particularly important if your financial position changes further down the line.

What should I do if I want to deal with the divorce myself but need help to resolve the financial aspects of my marriage?
Our family team are experts in our field and that means you can come to us knowing we have the attitude and professionalism to make your situation better. Whether you have reached an agreement between you, or you need advice on what you should do, we will be able to advise you on how best to deal with your situation and reach a timely resolution.

To find out more about the services we can offer, please do contact our experienced Family team at Mayo Wynne Baxter by telephone on 0800 84 94 101.