Separation Agreements

When divorce proceedings are commenced, the court has power to make a financial order which directs what is to happen to the matrimonial assets. The court order is binding and enforceable if necessary. Before divorce proceedings are commenced, all financial claims between you and your spouse remain open and either party may make a claim on the capital assets (including property) income and pensions belonging to the other party and at any time. This remains the case even if you are divorced and no financial order has been made by the court. Consequently there is no certainty and finality in respect of financial arrangements until such time as the court seals a financial order.