Legal Briefing

In a weekly column, solicitor Juliet PhillipsJames casts her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

QI have been divorced for five years after completing the process online. However, I have recently spoken to one of my friends, who is currently going through a divorce; she stated that her solicitor advised to obtain a Clean Break Order. This is the first I have heard of this, but she seemed to suggest that it is an important issue as the matrimonial finances with my ex-husband remains unsettled and he could still initiate proceedings. Do I need to settle these? Can I settle these even though I have already obtained the Decree Absolute?

AMany people do not realised that the finances within a marriage have to be settled separately, and therefore it is possible for a person to be divorced but their matrimonial finances may be left open. If this is the case, it is important that you settle this matter at your earliest opportunity as your former-spouse will be entitled to re-open the matter and potentially make a claim against you at any time as the matter remains unsettled. As you have been divorced for five years, you may find that your ex-husband also does not realise the implications and as your finances have not been intwined for some years, he may be agreeable to the process. This could be relatively straight forward. There may, however, be an element of dispute, in which case we will need to enter into negotiations with your ex-husband. Should these remain unsolved a referral to mediation may have to be made and Court proceedings may follow. It is also important to consider the ‘remarriage trap’. A new marriage will extinguish some rights to make financial claims against your ex-spouse. We urge you to contact us today for help, advice and support from our experienced team. We are also operating remotely and are able to offer a telephone or video appointments to discuss your case.