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Are divorce and settlement two separate legal matters that can be dealt with in a 'divorce first, settlement after' order?
Are divorce and settlement two separate legal matters that can be dealt with in a 'divorce first, settlement after' order? I'm looking to get divorced and I'm under the impression that the divorce and the settlement can be dealt with separately. I plan on filing the divorce Petition myself, and after this is sorted contacting a Solicitor about formalising our financial arrangements. My wife and I are on very good terms and have agreed informally the division of assets. The only marital asset I'm concerned with is the house which is in joint names. One of my friends has become concerned that being divorced first may leave me with less rights to marital assets and that I should deal with both matters together.
It is usual for financial matters to be dealt with within divorce proceedings and in some cases there are good reasons why it is not appropriate to apply for Decree Absolute until financial matters are finalised. Be careful when you draft your Petition to ensure you do not bar yourself from making a claim for financial relief at a later date. If you and your wife have agreed financial matters then why not instruct a Solicitor once the proceedings are up and running to prepare a Consent Order to be submitted to the Court. People do divorce and then sort out finances later but if you win the lottery or receive an inheritance this is likely to be a relevant factor and may affect what you would otherwise have received.
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