Despite divorce lawyers often having a reputation for being cynical, we were all disappointed when we watched last night’s episode of The Split and saw Nathan’s disclosure that he has had a sexual relationship with another person who he met online. We were all hoping that Nathan was previously telling the truth when he said that he had used the site but had not met with anyone.
Dealing with finances at the time of separation
Turning to the legal issues, the implications for not dealing with problems at the time of separation were made clear in last night’s episode. Oscar (played by Anthony Head) who is the father of Hannah, Nina and Rose, has repeatedly sought extra financial provision from Ruth since their separation. This indicates that that did not reach a financial agreement which was approved by the Court at the time of their divorce.
Are financial arrangements automatically concluded on Decree Absolute?
In our experience it is a common misconception that the financial arrangements of spouses are automatically concluded on Decree Absolute. This is not correct. It is essential that the financial arrangements are also approved by the Court. Until this happens there is not a full, final and binding agreement and either ex-spouse could make a claim against the other, even decades after the Decree Absolute.
Protecting your financial security
This can be particularly relevant if their financial circumstances have changed since separation. In these situations, the person who has benefitted from the change in circumstances could find themselves facing a financial claim from their ex-spouse for a lump sum payment, maintenance or other financial provision. For example, in the Split last night, Oscar has been able to continue to look to Ruth for financial support when his own financial circumstances have been difficult. This has meant in turn that Ruth’s financial security is jeopardised, as are Hannah, Nina and Rose’s who have an interest in the family business.
Finalise your financial arrangements
If an agreement has been reached between the parties, it can be relatively in-expensive to arrange for a Consent Order to be made by the Court to finalise those arrangements. It can provide certainty and security for the future. If an agreement cannot be reached between parties, it is important that the Court are asked to make a decision for you so that there is certainty going forward.
If you are contemplating separation from your spouse and want to discuss financial arrangements, or are already divorced but the finances have not been approved by the Court, it is important to take specialist advice as soon as possible. As the series comes to an end next week we wonder what will become of the family law firm and the Defoes. Will more doors be shut both literally and figuratively?