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Don’t be fooled by no fault divorce

Going through a divorce can be a stressful experience, especially when it involves entering a dispute about money. The No Fault Divorce Bill passed last year is a welcome step towards more amicable separations. However, there are concerns that the new bill is causing some divorcing couples to forgo vital protections.

Indeed, a worrying trend shows that 31% fewer financial remedy applications have been made since the bill was passed, despite a rise in total divorces. This fall suggests some couples may have mistakenly assumed that blameless divorce means their finances are protected. In this post, we’ll look at the importance of financial remedy orders for you and your finances.

Ending the ‘blame game’

In April 2022, the UK government passed an historic bill to revolutionise the divorce process in England and Wales. The Divorce, Dissolution and Separation Act (2020), it said, “ends completely the need for separating couples to apportion blame for the breakdown of their marriage”.

The end of the ‘blame game’ is a positive development in encouraging amicable divorces that take all parties’ needs into account. However, it is crucial that divorcing couples do not underestimate the process. Applying for a financial remedy order is still an essential step to take in the divorce process.

Don’t neglect a financial remedy order

When a marriage has irretrievably broken down, you will need to separate your finances. A financial remedy order is a legal document that outlines a financial agreement between the divorcing parties.

A financial order typically includes a ‘clean break clause’, which means that the ex-spouses are not permitted to raise financial claims against one another in the future. Not having a financial order puts you at risk of financial issues and disputes.

Indeed, without the proper protections in place, you are leaving yourself at risk of a claim against assets or a request for financial support at any point in the future.

Doing divorce applications the right way

Worryingly, since the bill passed, the number of financial remedy applications being made has reduced markedly. Between April and June 2022, 33,234 divorce petitions were made to the courts, yet only 9,235 financial remedy applications were filed.

Applying for a financial order is not an optional bonus or a protection that is only needed for the most hostile divorcing couples. Financial orders are crucial for legally establishing entitlement to property, assets and savings.

Severing financial ties at the time of your divorce is an essential step to ensure the process runs seamlessly. The certainty of knowing you won’t be dragged back into a dispute further down the line provides crucial peace of mind and closure to help you move on with your new life.

Professional help is still key

Starting the legal process of divorce without taking legal advice could be very costly. However amicable your divorce may seem now, it is still essential to have the right protections in place to safeguard your future financial situation. Involving a financial adviser can help you achieve a smooth separation.

In addition to ensuring you fill in all the right forms that look after you and your money, speaking to a professional is a useful way to check that the financial settlement is in order. Leaving a marriage is likely to dramatically alter your financial situation. Creating a sustainable financial plan should leave you better equipped to thrive in the years ahead.

If you would like to know more about how our financial advisers can support you before, during and after your divorce, please contact us on 020 7444 4030 or

The contents of the article have been prepared solely for information purposes. The article contains information on financial products and services and such information is designed for and addressed solely to individuals seeking generic industry information. The above content does not represent a personal recommendation.