When arranging your finances on divorce there are different orders that are available to you by virtue of your marriage. The terminology used can seem daunting however below we have provided short explanations for the different orders you may come across in your divorce so that you feel better prepared for discussions with your Solicitor, Mediator or the Court.

The usual orders for financial remedies available are as follows:

1. Property Adjustment Order.
2. Lump Sum Order.
3. Maintenance/Periodical Payments Order.
4. Child Maintenance Assessment or Child Maintenance Order.
5. School Fees Order
6. Pension Sharing Order.
7. Clean Break Order. 
8. Consent Order and Statement of Information.
9. Agreements and Undertakings in an Order.

Below Trainee Solicitor at SRB, Noor Kureshy, details each order and what it means for your divorce.

Property Adjustment Order

This order can do the following:

• Transfer property from one party to the other (or to a child of the family or for the benefit of such a child).
• Settle property for the benefit of one or both parties (or a child of the family).
• Vary a nuptial settlement for the benefit of one or both parties (or a child of the family).

Lump Sum Order

This refers to a cash lump sum payment that is made from one party to the other or a child of the family. This is useful to adjust the division of cash assets when resolving finances. 

Although it is referred to as a lump sum, it can be paid in instalments with agreement from both parties or as ordered by the court.

Maintenance/Periodical Payments Order

A spousal maintenance order outlines payments to be made from the spouse to the other spouse to assist with their living costs. This can be for a transitional period or until retirement or during joint lives. 

The order can be varied if there is a change in circumstance and parties can apply for interim maintenance orders while the finances are being settled.

Child Maintenance Assessment or Child Maintenance Order

In the first instance, you can check the amount that the Child Maintenance Service would calculate for Child Maintenance. You may agree on an appropriate payment for your children and it can be documented in a Child Maintenance Assessment or in a Financial Remedy Consent Order.  In certain circumstances the court can decide and impose an order for child maintenance where the children are in education after secondary education, have special needs or there is a top-up order as the paying parent is a high earner.

School Fees Order

A School Fees Order can be agreed upon and included in a Financial Remedy Consent Order or decided by the courts if an application is made to the court.

Pension Sharing Order

Pension Sharing Orders divide rights under a pension scheme so that each spouse has their own independent rights under that scheme or under two separate schemes. 

A Pension Expert can be instructed to advise what an appropriate split is. We provide the recommendation to our clients, following the Pension Advisory Group guidelines that where combined defined benefit pension Cash Equivalent Values exceed £100,000 or there are other special considerations, specialist advice with a Pension Expert Report on valuation and division is needed.

Clean Break Order

An order which confirms that both parties have ended all financial ties to each other. This also prevents either party from bringing a claim for further financial provision in the future unless there has been a failure to disclose, duress or mistake.

Consent Order and Statement of Information

The Consent Order, also known as a Financial Remedy Consent Order, is an order that records the financial agreement between both parties rather than decided and imposed by the Court. Parties may agree without issuing proceedings or during court proceedings.

All of the different types of Order are recorded in the Financial Remedy Consent Order. Where a Financial Remedy Consent Order is reached, this must be sent to the court with a Statement of Information which is an overview of the finances of the divorcing couple before the order and after the order is implemented. The Statement of Information enables the court to consider if the order is fair or whether there are concerns which will lead to the court asking questions about the Financial Remedy Consent Order.

Agreements and Undertakings

In addition to the orders, the Financial Remedy Consent Order is likely to include agreements and undertakings in the Order. An agreement sets out the intention of the former spouses and is not enforceable like an order. An undertaking is an enforceable promise to do something. An undertaking will have a warning that both former spouses will sign acknowledging the enforceability of the undertaking.

Support from the Family Team

We understand that separation and divorce can be incredibly difficult experience. You have many decisions to make at a time when you are not at your best. 

We in the Family Team, provide, with kindness and care, legal advice, planning and strategy, practical support with clear Next Steps and referral to other professionals for emotional support, taxation, valuations, financial and pension advice. We tailor our approach based on your individual needs. 

You are important to us.  The Family Team work with you, in a clear, open, honest and empathetic way to help you achieve a “Good Divorce”

For further information please get in touch with a member of the SRB Family Law team in Teddington and Twickenham by telephone on 02088916141 or by email at familyteam@srb.co.uk to arrange an initial meeting.

The Divorce, Dissolution and Separation Act 2020 comes into force on 6 April 2022. This is the first change in divorce law for nearly fifty years.

The aim of the legislation is to allow couples to divorce with less rancour in the divorce process, enabling the couple to concentrate on making arrangements for their children and financial futures. 

These changes will also apply to the dissolution of civil partnerships.

The Process 

It will no longer be necessary to prove one of the five facts of: adultery, unreasonable behaviour, desertion, two years separation and consent or five years separation. 

The ground for divorce will remain the same, that the marriage has irretrievably broken down and a Divorce Application can still only be made if the couple have been married for a year. One spouse can only dispute (defend) the divorce on very limited grounds such as the validity of the marriage or disputing jurisdiction, so effectively a divorce can be obtained without the other spouse being able to object. A Sole Application for Divorce or a Joint Application for Divorce can be made or changed to a Sole Application by either spouse. 

The terminology for divorce proceedings has changed. The Divorce Application (Petition) must be served on the spouse or their solicitors, usually by the Court by email and post within 28 days. The other spouse or their solicitors must complete an Acknowledgment of Service within 14 days to confirm receipt of the Divorce Application. 

The Applicant must wait 20 weeks after making the Divorce Application before they can apply for the first of the two-part divorce order, called a Conditional Order (Decree Nisi). In the application for the Conditional Order, the Applicant must confirm that everything in the Divorce Application remains unchanged and they wish to proceed with the divorce.

Once six weeks have elapsed from the day the Conditional Order was given, the Applicant will be able to apply for the Final Divorce Order (Decree Absolute). This brings the marriage to an end. 

Please note we recommend that independent legal advice is sought before applying for the Final Divorce Order as this may affect your Financial Claims.

We welcome the change in legislation to a no fault divorce so that couples can concentrate on a collaborative approach as possible to supporting their children, themselves and each other in making arrangements for the future.

At Stone Rowe Brewer LLP Solicitors, we can help you through divorce proceedings. Get in touch to find out about the range of high-quality legal services we provide for individuals and businesses.

During the pandemic, the government introduced legislation allowing the witnessing of wills over Skype and Zoom. Earlier this week, the government announced an extension of this legislation until January 2024.

For Dominic Raab MP, Lord Chancellor and Secretary of State for Justice, the extension came as a ‘common sense measure’, giving vulnerable people the knowledge that their wills will be recognised, even if they are isolating and forced to have them witnessed via video. 

He said: “‘I want people to be able to use technology safely and securely to ensure they can record their final wishes no matter the circumstances’. 

This legislation, implemented last year, amended the Wills Act 1837, stating wills must be signed in the presence of at least two witnesses, either physically or virtually. However, wills still need to be signed by two witnesses who are not its beneficiaries, and electronic signatures are not allowed. 

The Law Society found that since the temporary measure’s implementation, around 14% of legal professionals involved in making a will used software such as FaceTime or Zoom to witness wills.

Stephanie Boyce, the Law Society’s president, said: “Solicitors have bent over backwards to ensure their clients have been able to make valid wills despite the restrictions during the pandemic. Those who have used video witnessing have told the Law Society it has been a useful option to have – to help vulnerable people set their affairs in order when making a will in the presence of witnesses is not possible.

‘The Law Society continues to take the view that the most effective reform of the law would be to give judges powers to recognise the deceased’s intentions even where their will may not have been witnessed, in line with the Wills Act.

“We look forward to the forthcoming Law Commission report on wills reform which we hope will expand on this and other issues to improve will making in England and Wales.”

The law commission is now considering whether to make this temporary measure permanent.

Stone Rowe Brewer LLP provides high-quality legal services for individuals and businesses. Our private client lawyers are practical, proactive and user friendly. If you want to learn more about the video-witnessed wills legislation extension or have any general queries, please call us on 020 8891 6141. 

Covid-19 shifted most aspects of our lives online. Divorce proceedings were no exception. Although many in-person services have now resumed, digital divorces remain the way forward.

The divorce process became paper-free on the 13th of September 2021. HM Courts & Tribunals Service (HMCTS) made it compulsory for legal representatives to submit divorce applications online, using MyHMCTS rather than the paper D8 form.

MyHMCTS is a digital service for issuing, paying for and supervising applications in the civil, family courts, and tribunals. The government introduced MyHMCTS in 2018 as part of their £1bn courts reform programme. The service was primarily used by family lawyers and those wanting to deal with the divorce process directly: it has processed over 150,000 divorce applications since 2018.

The transitional period from the 14th of September 2021 to the 4th of October 2021 has ended, and MyHMCTS is now the only way to start a divorce: HMCTS will return any D8s received. Exceptions include divorce applications for civil partnership dissolution, judicial separation, and nullity.

The benefits of online divorce applications:

Easy to use online portal

The petitioner simply has to log onto the portal, open an account and go through the online forms as presented to begin the divorce process. The portal will guide them through each part of the application. Once the petitioner has completed the required documents, email prompts will help them through the following stages.

HMCTS will email the respondent declaring the submission of a petition and request them to create an account. Although the respondent will have to complete the online process alone, this will change in due course to help those in need of additional support.

Time-saving

Online divorce applications aim to reduce any chance of errors, speeding up the progress of applications: fewer than 1% of online applications are being returned by staff, compared with 20% of paper applications for legal representatives to amend.

As a result, the online portal reduces the finalisation of divorces from an average of 60 weeks for paper applications to an average of 20 weeks.

‘No fault divorce’

In April 2022, the Divorce, Dissolution and Separation Act will come into force: the party seeking a divorce will not need to establish fault by their spouse, making the process more civil.
Read our no fault divorce leaflet here.

The limitations of online divorce applications:

‘Yes’ or ‘No’

The online divorce system requires situations to be black and white. It is sometimes impossible to give a ‘yes’ or ‘no’ answer for matters in family law. In these situations, an application cannot progress.

Solicitor?

Individuals do not need a solicitor’s help with online divorce applications. However, some stages of the process may be difficult without support. For example, the timing of forms submitted must be precise. It is also essential, “in most cases, to obtain a financial order at least 28 days before the final divorce order to safeguard pension rights and family finances. Furthermore, digital divorces will only terminate a marriage. They will not deal with external factors like child arrangements.

At Stone Rowe Brewer LLP Solicitors, we can help you through divorce proceedings. Get in touch to find out about the range of high-quality legal services we provide for individuals and businesses.