The hidden risks of DIY divorce: Why a legally binding Consent Order is essential
In an age of online services and quick-fix solutions, many separating couples are tempted by DIY divorces. The recent HMCTS divorce statistics appear to suggest that whilst many couples are issuing and finalising their divorce, the same number of couples are not severing their financial ties and entering into a legally binding clean break. While a DIY divorce may seem like a cost-effective and straightforward option, they can leave you financially vulnerable – sometimes years or even decades after your divorce is finalised.
One key reason to exercise caution is the failure to properly deal with financial claims before bringing your marriage to a legal end. Many people wrongly assume that once a divorce is made final, financial ties are automatically severed. However, this is not the case. Without a legally binding consent order approved by the court, either spouse (providing they haven’t re-married) may still be able to bring financial claims against the other in the future.
The cautionary tale of Wyatt v Vince
A stark reminder of this risk is the case of Wyatt v Vince. The couple divorced in 1992 when they had very little money. However, they never secured a consent order dealing with their finances. Years later, Mr Vince became a multi-millionaire through a successful green energy business. In 2011 – nearly two decades after their divorce – Ms Wyatt brought a financial claim against him. Despite the significant time lapse, the Supreme Court ruled that her claim could proceed, ultimately resulting in the husband paying Ms Wyatt £300,000 by way of financial settlement.
This case highlights the real risk of failing to formally sever financial ties. Even if you and your spouse agree on financial matters now, circumstances can change and future claims can still be made.
Protect yourself with a Consent Order
A Consent Order is a legally binding document that sets out the financial agreement between divorcing parties. It ensures that neither party can make future financial claims against the other. Without this, you could be leaving yourself open to unexpected claims, even years down the line.
Before applying for a final order in your divorce, it’s crucial to obtain legal advice and secure a consent order.
At Freeths, we specialise in family law and can guide you through the process to ensure your financial future is protected. If you are considering divorce or have already started the process, contact us today to discuss how we can help you achieve a clean break and peace of mind for the future.
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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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