Posted On / 03.06.2014

Beware! If you Think your Divorce is Over....It May Not Be!

Beware! If you think your divorce is over....it may not be!

You divorce, then one of you wins the lottery. Can the other claim a share?  

Being divorced ends the marriage but it does not end the legal and financial claims that each spouse may have from the marriage. Claims for income, pensions and properties will only end if they are dismissed by a court or either spouse remarries, or dies.  

It is vital for divorcing couples to obtain a written consent order from the court in order to dismiss any financial claims they have against each other.  

If you have not done this, you may be at risk of a claim from your ex-spouse if you win the lottery, or receive an inheritance, or buy another property.  

I once advised a woman who found out her ex-husband had received a lump sum from his pension gratuity seven years after their divorce. As there was no consent order, she was able to make a successful claim for a share of his money.  

If you don’t want to risk your assets being claimed by your ex-spouse, you should be wary of the trend toward so called ‘do-it-yourself’ online divorces.  

Their increasing popularity has prompted the Legal Services Consumer Panel, a consumer watchdog, to carry out research into the risks and challenges they pose.  

As an experienced family law solicitor I am aware many people are opting for cheap online divorces. These people receive the decree absolute certificate from the court to confirm that their marriage has ended. Most then believe their divorce is complete and they do not have to do anything further. This is not true.  

If you are anticipating divorce proceedings and would like expert advice, contact Battens Family Department. We provide practical legal advice and representation on all aspects of family law including divorce, cohabitation, children’s matters, finance and protection against domestic violence. For more information, call Lucy Brown, on 01935 846058 or email lucy.brown@battens.co.uk