Divorce and Matrimonial Finances

Our client wanted to instruct us to proceed with a divorce and complete the already agreed matrimonial finances. The parties had separated over ten years prior but remained good friends. Our client had been paying part of his pension each month to his ex-spouse.

In the initial meeting, we advised the client on the divorce laws and how a conditional order is required before we could submit a consent order and Form D81 with the court. As the only asset being divided was the pension, we advised the client on the different pension orders available. We also had to advise the client of the risks of agreeing to the division of matrimonial finances without formal disclosure.

We wrote to the spouse recommending that they seek independent legal advice before proceeding, due to the complexity of pensions under Section 24 of the Matrimonial Causes Act 1973.

Once the consent order and pension sharing annex had been agreed by the parties, we contacted the pension provider to make sure they approved the orders. Each provider has certain requirements, and we reviewed their policy to ensure compliance.

An application for divorce was submitted to HMCTS under the Matrimonial Causes Act 1973 and the ‘no fault divorce’ provisions under the Divorce, Dissolution and Separation Act 2020. The consent order was drafted along with the pension sharing annex and Form D81.

Once approved by the pension provider and the conditional order was received, the documents were signed by the parties and solicitors and submitted to the court for their approval. The court approved the documents, which allowed us to send them to the pension provider so that they could begin their process. We also applied for the final divorce order.

“They made what could have been a lengthy disputed process quick and easy, advising me on the process throughout.”

Seeking advice from the start can prevent lengthy, expensive and stressful proceedings. Even where parties have reached an agreement between themselves, it is important to ensure that the agreement is properly documented and approved by the court to make it legally binding.