Leading family Law Firm Answers One Of Divorces Biggest Questions- Can an Ex Claim?

Nov. 12, 2009 - PRLog -- Getting the right advice to help you make the right decision and embodying those decisions in the appropriate legal documents is all important say family law specialists Woolley & Co Solicitors.

Andrew Woolley, senior partner from the firm which specialises in divorce, family law and financial settlements, said, “Most people would concur that agreeing amicably on the details of a divorce before going your own way is the best solution to a bad situation for all concerned.

“But however friendly the negotiations are, if you do not get the agreement sorted legally, it can leave the door open for an ex to make a claim years after you have both moved on.”

First of all you should ensure that a ‘Consent Order’ is in place to ratify the agreement you have come to, even if you manage to sort out the division of assets without going to court. A “consent order” is a Court Order by agreement of the people involved. A “clean break” is where both parties future claims are all cancelled normally after a once and for all settlement has been arranged. Clean breaks are often arranged by a Consent Order but a Consent Order is by no means always a clean break

Once an order has been agreed and lodged with the Court, it is legally enforceable. If properly drawn up it normally means that if one party, perhaps previously agreeable but now cheered on by a new partner, decides the settlement they got from the house was not fair, or they want a bigger chunk of the pension fund, they have no claim.

Cancelling any future claims with a clean break order is not possible in every case though and this is why it is essential that a client seeks advice from an experienced family lawyer before making any decisions.

For instance, if children are involved and ongoing support is an issue, a clean break is not always possible. The nature of the support may change over time and so a final order setting a settlement in stone is not appropriate.

Where agreement cannot be reached on the division of assets or one person will not agree to the terms the couple can ask the Courts for a decision.

Andrew Woolley, Senior Partner from the leading family law firm added, “If there are significant assets, it can be easier to agree terms because the pot can be divided giving a lump amount to both parties which will last for some time. It is not easy though and issues like children can make it almost impossible. Because of the necessity of an ongoing flow of financial support, a clean break Order will not be appropriate,

Then there are situations where an order could be achieved but one party will not agree to it. This might not necessarily be because they have any intention of claiming in the future, but simply because they want to unsettle the other party. In cases such as these a judge will decide the issue.

“Clean break orders are becoming more popular, because people are becoming more aware of them, but it is perhaps with older generations where they come into play most often. They will have no dependent children and a significant pot of assets which can be divided cleanly and a line drawn under proceedings.”

Woolley & Co lawyers have significant experience in dealing with these issues. For a free initial half hour consultation on whether a clean break or a Consent Order is the right solution contact Woolley & Co on 0800 3213832 or find out more from their online newsletter at http://www.family-lawfirm.co.uk/Newsletters/Archive/Octob...



About Woolley & Co. Solicitors: Woolley & Co. Solicitors are family law specialists, operating throughout the UK. Their web site, http://www.family-lawfirm.co.uk, includes an extensive selection of articles covering every aspect of divorce as well as a free, downloadable in-depth guide to undergoing a divorce and overcoming any unseen complications that may arise. Take a look at the firm’s new Divorce Myths website and you can now also follow the firm on Twitter: http://www.twitter.com/woolleyandco.