Understanding the legal process of ending a marriage is essential for anyone going through a divorce in England and Wales. One of the most crucial milestones in this process is the final legal order that confirms the dissolution of a marriage. While many people focus on the initial application and the various legal procedures involved, the significance of this final step cannot be overstated. It is not simply a piece of paper; it has far-reaching consequences for both parties involved.
The legal system governing divorce in England and Wales has undergone modernisation to streamline the process and make it more accessible. However, it remains crucial to understand what this final decree means and what implications it carries, both in the immediate sense and in the long term. From financial matters to remarriage, from inheritance rights to pension claims, the effects can be extensive. Anyone navigating the complexities of divorce must fully appreciate the consequences before taking this final step.
What Is a Final Order?
In English and Welsh family law, the final order is the final legal order that formally ends a marriage. It follows the decree nisi, which is an earlier stage of the divorce process indicating that the court sees no reason why the couple should not be divorced. Once the final orde is granted, the marriage is legally dissolved, and both parties are free to remarry if they so choose.
Before obtaining a final order, the petitioner (the person who initiated the divorce proceedings) or respondent (the other party in the divorce) must ensure all necessary financial matters, child arrangements, and any other legal considerations have been resolved or at least contemplated. While the final order itself does not deal with financial settlements, it can impact the ability to make certain financial claims.
To apply for a final order, the petitioner must wait at least six weeks and one day after the decree nisi is issued. If the petitioner does not apply, the respondent may apply for it after a further three months. Once the court grants the final order, the marriage has officially come to an end.
Legal and Financial Implications
While the final order finalises the dissolution of the marriage, it does not automatically resolve financial matters. Many people mistakenly assume that being divorced means they are no longer financially tied to their former spouse. However, unless they have secured a formal financial order through the court, unresolved financial claims can still be made even after the divorce is final.
Without a financial order, either party can potentially make a claim against the other’s assets, even years after the divorce is finalised. This means that, technically, someone could come into a significant inheritance, receive a financial windfall, or accumulate assets that their former spouse could later claim a share of. A clean break financial order eliminates this risk by formally ending all financial ties between the former spouses.
Additionally, pensions can be particularly complex in divorce. Many people do not realise that a divorce alone does not automatically divide pension entitlements. Without a formal pension sharing order, one spouse may lose out on an equitable share of the other’s pension, which could be significant, especially in long marriages.
Impact on Property and Assets
If a financial settlement has not been formally agreed upon before obtaining the final order, there could be unintended consequences regarding property and assets. For instance, if one party remains in the former marital home and the other passes away after the final order is issued but before a financial settlement is reached, the surviving former spouse might lose their claim to the deceased’s estate.
Conversely, if one party gains a financial windfall, such as a large bonus or a new property acquisition, the other party may still have the ability to claim a share if there is no financial order in place. The risk of such claims highlights why securing a financial settlement either before or immediately after obtaining the final order is key.
Inheritance and Pension Rights
One of the most significant legal consequences of obtaining a final order is its impact on inheritance rights. While couples who are married have an automatic right to inherit from each other if one spouse dies without a will, this right is lost once the final order is issued. This means that if one party has not updated their will, the former spouse will no longer automatically inherit any assets.
Additionally, if there are pension entitlements that would have passed to the surviving spouse upon death, these may no longer be available following a final order. Some occupational pensions include spousal benefits that may cease once the marriage is legally dissolved. This could have substantial financial consequences for the financially weaker party.
Updating a will post-divorce is therefore essential. Individuals should also review any pension arrangements and make necessary changes to ensure their financial affairs are properly aligned with their new marital status.
Remarriage and Future Financial Claims
For individuals considering remarriage, timing matters when it comes to financial claims. If a person remarries before securing a financial order, they could lose the right to make financial claims against their former spouse. This is known as the ’remarriage trap’ and can have serious financial implications.
If, for example, one person has delayed seeking a financial settlement and then decides to remarry, they might no longer be able to claim their fair share of joint assets, pensions, or maintenance from the previous spouse. The key takeaway is that financial matters should be dealt with before remarrying to avoid unintended consequences.
Effects on Name and Status
Once the final order is granted, both parties revert to being legally single. This change in status might affect various aspects of life, including tax affairs, insurance policies, and official documents. Some individuals choose to revert to their maiden name after divorce. While a final order can be used as evidence of a name change, additional legal documentation, such as a deed poll in some cases, may be required, particularly in official settings like passport applications.
Those who do not wish to revert to a previous name are not required to do so, and retaining a married name is entirely a personal choice. However, it is important to notify relevant authorities and financial institutions of the change in marital status where necessary.
Planning Ahead
Given the many financial and legal ramifications of ending a marriage, careful thought should be given before applying for a final order. Securing a financial settlement, updating a will, and reviewing pension arrangements can help prevent costly or distressing pitfalls in the future.
Divorce, by nature, is an emotionally and financially difficult time, but understanding the implications of this final legal step ensures individuals are not caught off guard by unexpected consequences. Taking legal advice to properly manage financial and legal matters before finalising the divorce can provide peace of mind and security for the future.
While obtaining a final order marks a significant milestone in moving forward, ensuring that all related matters are appropriately addressed guarantees a smoother transition to post-divorce life.