Q&As

Where the decree absolute has been granted and the petitioner did not tick the boxes regarding financial orders in the petition, can the parties translate an agreement as to finances into a consent order for approval by the court?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 20/09/2018

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where the decree absolute has been granted and the petitioner did not tick the boxes regarding financial orders in the petition, can the parties translate an agreement as to finances into a consent order for approval by the court?

The process of divorce involves the granting of a decree of divorce nisi, which can subsequently be made absolute. Upon the making of decree absolute, the marriage legally comes to an end. However the legal formalities of ending a marriage do not end the financial aspects of the union. It is, in principle, open to a party to apply for financial remedy at any time, including many years in the future, section 23 of the Matrimonial Causes Act 1973 (MCA 1973) providing that the court may make an order on the granting of degree or at any time thereafter, although the longer that an application is left, the less likely it is that a substantive award will be made, see generally, Wyatt v Vince and A v B (No. 2). MCA 1973, s 28(3) provides however that if a party remarries, that party is not entitled to apply for a financial provision order. However if the petition itself has claimed financial remedies the right will subsist even after remarriage, see Whitehouse-Piper v Stokes.

In this scenario no application for financial remedy was made within the petition. This does not prevent the making of an application, as Family Procedure Rules 2010,

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