Does it make good sense to leave a marriage without a deal?

Couples may be thinking, shall we just get a divorce and go our separate ways, or should we sort out our finances with a court order?

As family lawyers we always recommend it’s a good idea not to end a marriage without reaching a financial deal. Failure to reach an agreement could lead to unnecessary and protracted legal action later.

In one well-publicised case a man was ordered to pay £300,000 to his ex-wife following a successful claim being brought some 19 years later after the divorce.

It is therefore vitally important to consider the financial implications of a divorce at an early stage. This is particularly true when looking at tangible assets such as a jointly held property, as inevitably the longer the parties leave this the more a property is worth. Finding an early solution can be advantageous to both parties. Claims brought post-divorce often involve the added complication of trying to separate what is a matrimonial asset and a non-matrimonial asset.

Even in cases where there are no assets it is advisable to have a finalising Court order, even if all it says is that each party keeps what they have. This is called a Clean Break Consent Order. This has the benefit that neither party can make a future claim against the other party whether in respect of maintenance, pensions or for capital.

To summarise, a no deal departure is not recommended.