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| General Disclaimer: Nothing
presented constitutes legal advice and the
McKenzie Friend UK Network is not a legal entity
or in anyway claims to be a 'legal resource'. The
resource guide is supported by McKenzie Friends
and Litigants in person for Litigants in Person
in Family Court. McKenzie Friends provide
layperson support as an informed friend under the
Family Court Practice Guidance of 2010. All
information is published under the spirit of that
guidance. For any corrections of the information,
please contact the McKenzie Friend UK Network |
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| Should
I Stay the Divorce Final Order Pending Finances? |
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| Following the
Conditional Order being made by the Court, you are
required to wait 6 weeks and 1 day before applying for
the Final Divorce Order. For many people, this raises the
question, should the Final Divorce Order be stayed
pending the final resolution of finances? |
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| There are a number
of reasons where it may be be preferable to delay the
final divorce order, some examples are as below: |
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- If you re-marry after the divorce,
you may lose some or all of your rights if you
later wish to claim from your former spouse.
- If you are in the process of
negotiating a financial agreement or within
litigation and during that time your spouse dies,
you may be entitled to widow/widower’s
benefit under pensions, life insurance policies,
endowment policies or death in service benefits,
it could therefore be important to delay delay
the Final Order until until the certainty of a
Financial Order has been made.
- The UK, the tax regime may exempt
tax on transfers between spouses so it may be
important to remain married whilst settling any
transfers. If you obtain a Final Order before
resolving your matrimonial finances, you could be
subject to taxes upon transfer of any assets
later.
You can submit the Form D11 to the court asking for a stay of the
Final Divorce Order pending the resolution of finances.
Resources
Book a free 30 minute
consultation with a trained and trusted McKenzie Friend
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