We are all agreed- what can I do?

If you have been able to reach an agreement between yourselves, in conjunction with divorce proceedings, it should be quite a straightforward process.

A common misconception is that Decree Absolute, the document bringing the marriage to an end, automatically extinguishes any financial claims each spouse may have against one another. The only way in which financial claims may be brought to an end, is if they are dismissed within a formal order that is  approved by the Court in circumstances where the person who did not start the divorce has remarried.

Therefore, it is vitally important that any informal agreement reached between you and your spouse is prepared by your Solicitor. This will give legal effect to the agreement and dismiss all future financial claims that you may have against one another. However, the Court will not ‘rubber stamp’ every agreement, the Court will need to be satisfied that the agreement reached is fair and reasonable to each person.

If the arrangement are not formalised then you and your partner may remain vulnerable to future claims.