Automatic Divorce After Separation in the UK
Some people think that if they have been separated for 7 or 10 years that they are automatically divorced from their husband or wife and free to remarry. Others assume that if they have been separated for that period of time their husband or wife is time barred from bringing a financial claim against them.
In this blog, our family lawyers examine the topic of automatic divorce in the UK and whether financial claims are ever time-barred.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Automatic divorce
In the UK there is no such thing as an automatic divorce whether you have been separated for 7, 10, or even 20 years. However long you have been separated from your husband or wife you still need to apply for a divorce (or respond to a divorce application issued by your husband or wife) in order to secure a final order of divorce.
The final order concludes the divorce proceedings and means your marriage is officially over. The final order used to be called the decree absolute of divorce. Divorce terminology has changed with the introduction of no-fault divorce proceedings.
Although you need to apply to a court to obtain a divorce you won't actually need to attend a court hearing unless your divorce is opposed. It is rare for a respondent to a divorce application to oppose a no-fault divorce as there are only very limited grounds to do so. For example, if your husband or wife says the court in England does not have jurisdiction to grant you a divorce because neither of you is domiciled or habitually resident in England or Wales.
Separation as a ground for divorce
With the introduction of no-fault divorce proceedings, you no longer have to explain why you want to get divorced and you do not have to have been separated for a minimum period of time. All you need to do is file an application for a divorce and a statement saying that your marriage has irretrievably broken down. The divorce process takes about 6 months to complete from the date of application until you receive your final order of divorce.
Time bars on financial applications
It is often assumed that if you separate but do not reach a financial settlement there is an automatic bar to making a financial claim after you have been separated for 5 or 7 years. That is not correct. Provided you have not remarried you can bring a financial claim at any stage.
It is also thought that when you get your final order of divorce that order stops any future financial claims. It doesn’t as an ex-husband or wife you can apply to the court for a financial court order after the divorce has been finalised.
The only way that you can get complete peace of mind and financial security is by obtaining a clean break financial court order. This order can be made at any stage after your conditional order of divorce has been pronounced. If you are divorced but did not get a financial court order you can probably still apply for a clean break order.
Without a clean break order in place, a former spouse could potentially apply for a share in your business, a share of your pension, a lump sum payment, or spousal maintenance. Whilst you may think this scenario is unlikely the reality is that their circumstances may change making them think that applying to the court for a financial settlement from you is the best solution for them.
If you are concerned about going to court to get a clean break financial court order then you don’t need to worry about that if your ex-spouse is in agreement to the order. The family court can be asked to approve an agreed financial court order without the need for a court hearing.
If your ex-spouse won't agree to a clean break order it is best to speak to a family law solicitor. Not getting a financial court order could build up future problems for you. For example, if you grow a family business, you invest in your pension or you receive an inheritance. These are all things that might trigger a late financial application by your former spouse if they have not been as fortunate or worked as hard as you.
How can OTS Solicitors help you?
Our family law solicitors can help you with all your family law needs and queries, including:
- Jurisdiction for UK divorce proceedings
- No-fault divorce proceedings
- Financial court orders after an overseas divorce
- Financial court orders after separation
- Clean break court orders
- Child arrangement order applications
Our family law specialists provide clear advice so you know where you stand legally and can weigh up your options, including whether to start no-fault divorce proceedings or apply for a clean break financial court order.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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