'No-fault divorce is not the end’ warn family mediators

By Melissa Gire, Associate Solicitor, Family & Matrimonial

April marked three years since no-fault divorce became law in England and Wales, offering a blame-free way to end a marriage.

The change has helped reduce conflict and encouraged a more constructive approach, especially in mediation, where couples focus on solutions and co-parenting.

However, family mediators have warned that a key misconception remains: that divorce alone ends all legal ties. In reality, without a financial consent order, financial claims remain open and do not end upon receiving the final divorce order.  

Without a court approved financial consent order, future claims on property, pensions, savings and future income remain possible. This means a former spouse can come back years later and start legal proceedings to claim monies or property.

While the introduction of no-fault divorce has been a success in many ways, it is crucial couples understand that a financial consent order is the only way to absolutely finalise any agreed financial arrangements.

If you need any guidance or advice in relation to divorce and finances, then please do not hesitate to contact our family law team - Melissa Gire on email: meg@cooperburnett.com or Gemma Gillespie on email: gjg@cooperburnett.com or tel: 01892 515022.

This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.