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Kerry RussellAssociate

Kerry Russell

Do I need a Court Order?

If you are going through divorce proceedings, it is important to get a Court Order finalising the financial aspects of the Divorce. 

Simply obtaining a Divorce does not automatically finalise the financial aspects. 

Without a Court Order to finalise the financial aspects, any matters you may believe have been agreed with your spouse may be unenforceable, and without a Court Order, even if you think your spouse is not going to make a claim against you, they could make a claim against you in the future.  Your Solicitor will discuss what is appropriate in your particular case, but it is important that any agreement is recorded in a formal Court Order.

If you have children then if an agreement can be reached as to the appropriate arrangements for the children there is no requirement to obtain any Court Order.  A Court Order will generally only be obtained in respect of the arrangements for the children where an agreement cannot be reached.