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Is your Decree Absolute?

Anyone who has been through a divorce will remember opening the envelope which contains the Decree Absolute.  The sight of this document usually results in a large sigh of relief, accompanied in some cases with a degree of sadness.

However, ask most divorce lawyers what is the most important piece of paper in divorce proceedings and the answer in most cases would not be   “ The Decree Absolute ".

What most people do not realise is that the Decree Absolute does not dismiss any financial claims that they could make against each other in the future in relation to financial assets.

If the parties in divorce proceedings do not obtain Court Orders dealing with financial issues then the claims which each of them have against the other are simply left open. This situation is unsatisfactory in that it creates a degree of uncertainty because it leaves the possibility of one spouse making a claim against the other at any time in the future.

Without a Court Order former spouses still have the right to make claims against each other for maintenance, transfer of ownership of property, lump sums, pensions and inheritances.   A court order also dismisses any claims that either party could make against the others estate in the event of their death.

So if you think you can save yourself a few pounds by getting divorced with the help of a internet site, this may well prove to be a false economy if you don’t, as a result of the divorce proceedings obtain the most important document of all – the court order that will give you peace of mind in respect of your future financial security..

The actual divorce or dissolution process can often be straightforward in a legal sense.  What is often more difficult is dividing the assets and sorting out who will live where and who will get what.  

The Family Law Team at QualitySolicitors Parkinson Wright have many years of experience helping client’s reach financial agreements and we pride ourselves on encouraging and helping our clients to reach those agreements as amicably as possible and trying our hardest to so without having to instigate lengthy and expensive court proceedings, although even we cannot achieve this if the parties refuse to agree on anything!

Most people are surprised when we inform them, that we have a fixed price policy for their divorce plus Court fees.  However we do not claim that this will cover the costs of negotiating an overall financial settlement, but a little extra expense at the time of the divorce will relieve stress levels and give you peace of mind which has to be better than leaving your future in the air and that inheritance from a long lost relative or perhaps a win on the lottery up for grabs!

For more information, please contact a member of our family team on 01905 721600.

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