Burd Ward Family Solicitor Kash Mahmood Admitted to the Order of St John
We are delighted to share that Kash Mahmood, a solicitor in our Wirral family law team, has been admitted as a Member of the Most Venerable Order of the Hospital of St John of Jerusalem — better known as the Order of St John.
The appointment was sanctioned by His Majesty The King on 21 April 2026, and was published in The London Gazette on 6 May 2026. Kash is now entitled to use the post-nominal letters MStJ.
About the Order of St John
The Order of St John is a royal order of chivalry, best known to the public through the work of St John Ambulance and the St John Eye Hospital Group in Jerusalem. Admission to the Order is a formal recognition of significant voluntary service to the welfare of others.
Kash has been a senior member of St John Ambulance for many years, giving his time alongside his legal career to support first aid, training, and community welfare. His appointment is a fitting acknowledgement of that long-standing commitment to public service.
Kash’s Work in Wirral Family Law
Kash has been a qualified solicitor for more than 25 years and is a key member of our family law department on the Wirral. He is a Member of the Law Society’s Children Panel — a national accreditation awarded only to solicitors who demonstrate a recognised level of expertise in child law and child welfare matters.
Based at our Wallasey office, Kash specialises in child care law and provides advice and representation to parents, carers, and families across the Wirral and Merseyside in matters including:
- Care and supervision proceedings brought by local authorities
- Child protection matters and dealings with children’s services
- Child arrangement orders following separation or divorce
- Specific issue and prohibited steps orders
- Adoption and other Children Act applications
How Kash Can Help Families on the Wirral
Family law matters rarely arrive at a convenient moment. Whether you have been contacted by social services, are worried about contact with your children following a separation, or need urgent advice in a child protection matter, Kash provides clear, practical advice and steady representation from the very first conversation.
His combination of long experience, Children Panel accreditation, and a genuinely compassionate approach makes him a trusted choice for Wirral families facing some of the most difficult moments in their lives.
Our wider family law team at Burd Ward is led by Jenna Ellison, who is also a Children Panel member. Together, the department covers the full breadth of family law on the Wirral, from divorce and financial settlements through to children’s matters and protection from domestic abuse.
Get in Touch
If you would like to speak to Kash or another member of our Wirral family law team, please contact us today to find out more about how we can help.
Once again, our warmest congratulations to Kash on a richly deserved honour.
Later Life Divorce: What Happens to Your Retirement?
Divorce is never straightforward, but ending a marriage later in life brings a particular set of financial
challenges that are easy to overlook in the middle of an already stressful process.
At Burd Ward Solicitors, we work with clients across the Wirral and Merseyside who are navigating divorce at 50,
60, and beyond. One thing we see time and again is that the financial consequences — especially around pensions
and retirement income — only become apparent further down the line, often when it’s too late to change course.
The Later Life Divorce Problem
Divorces among couples aged 55 and over are increasingly common, and they come with a financial complexity that
younger divorces simply don’t carry. When you’re in your 30s and the marriage ends, there’s time to rebuild.
When you’re approaching or already at retirement age, the window to recover financially is much narrower.
This isn’t scaremongering — it’s a practical reality that should shape how you approach a settlement from the
very beginning.
Pensions Are Often the Biggest Asset in the Room
The marital home tends to dominate divorce negotiations, and understandably so — it’s visible, tangible, and
often emotionally significant. But for couples in later life, the combined pension pot can be worth just as
much, sometimes considerably more.
Despite this, pensions are routinely underweighted or ignored during settlement discussions. Many people simply
don’t realise that pension assets built up during a marriage are generally considered matrimonial assets —
meaning they can and should be part of any fair settlement.
There are several ways a pension can be dealt with in divorce:
-
Pension sharing — a proportion of one spouse’s pension is transferred into a separate pension
in the other’s name
-
Pension offsetting — one spouse keeps their pension in full, and the other receives a higher
share of another asset (such as equity in the property) to compensate
-
Pension attachment orders — payments from a pension are directed to the former spouse when
they fall due (less commonly used)
Each option has different tax, income, and timing implications. What looks like a generous settlement on paper
can leave one party in a far weaker position once they actually reach retirement.
Why Early Advice Matters
The decisions made during divorce proceedings are largely irreversible. Once a consent order is sealed by the
court, reopening it is very difficult. That’s why it’s so important to take proper advice before agreeing to
anything — not after.
We always recommend that clients going through a later life divorce consider working with an independent
financial adviser alongside their legal team. A solicitor can advise on your legal entitlements and help
negotiate a fair split; a financial planner can model what that split actually means for your income in
retirement — accounting for things like state pension age, drawdown rates, and the effect of inflation over
time.
The two perspectives working together produce much better outcomes than either can achieve alone.
Questions Worth Asking Early
If you’re going through a divorce at 50 or older, here are some things worth raising at the outset:
- Do I know the current value of all pension assets — mine and my spouse’s?
- Have I received a state pension forecast?
- If I accept the house in lieu of a pension share, can I realistically fund my retirement?
- What income will I actually need in retirement, and from where?
- Am I aware of what I’d be waiving if I don’t pursue a pension claim?
These aren’t questions to leave until the final stages of negotiation. They’re questions to have answered before
you’re in the room making decisions.
Frequently Asked Questions
Can my spouse’s pension be included in our divorce settlement?
Yes. Pensions built up during a marriage are generally treated as a matrimonial asset, regardless of whose name
they are in. This includes workplace pensions, personal pensions, and — in some cases — defined benefit (final
salary) schemes. The court has the power to make a pension sharing order as part of the financial settlement.
What is a pension sharing order?
A pension sharing order is a court order that transfers a specified percentage of one spouse’s pension to the
other. The receiving spouse gets their own independent pension entitlement, which they can manage separately.
It’s one of the cleanest ways to achieve a fair division of pension wealth, though it does involve administrative
charges from the pension provider.
What’s the difference between pension sharing and pension offsetting?
With pension sharing, the pension itself is split. With offsetting, one spouse keeps the pension intact but the
other receives more of a different asset — usually equity in the family home — to make up for it. Offsetting
can seem simpler, but it carries risk: property value and pension value don’t always move in tandem, and giving
up a pension income in exchange for housing equity doesn’t automatically produce a secure retirement.
Does it matter whose name the pension is in?
No. It doesn’t matter whether the pension is in your name or your spouse’s — both can form part of the financial
settlement. If you gave up work or reduced your hours to raise children or support the family, you may have a
strong claim on a pension you never directly contributed to.
What is a CETV and why does it matter?
CETV stands for Cash Equivalent Transfer Value. It’s the figure your pension provider gives to represent the
current lump sum value of your pension benefits. During divorce, CETVs are used to compare the value of pension
assets against other assets like property. It’s worth knowing that CETVs can sometimes understate the true value
of a pension — particularly defined benefit schemes — so specialist advice can be important before using them as
the basis for negotiation.
Is it too late to claim a pension after divorce is finalised?
Generally, yes. Once a consent order has been approved by the court and neither party has reserved pension
claims, the ability to go back and make a claim is extremely limited. This is one of the most common sources of
regret we hear from people who handled their own divorce or didn’t take full legal advice at the time. Getting
it right first time is essential.
Do I need a solicitor to deal with pensions in a divorce?
You’re not legally required to use a solicitor, but pension division is one of the most technically complex
parts of any financial settlement — and one of the most consequential. Mistakes here can affect your income for
the rest of your life. We’d always recommend taking proper legal advice, and in many cases a referral to an
independent financial adviser as well.
We’re Here to Help
Our family law team at Burd Ward Solicitors offers straightforward, plain-English advice to clients going through
divorce at any stage of life. If you’re concerned about how divorce might affect your financial future —
including your pension and retirement plans — we’d be happy to have an initial conversation.
Contact us today to speak with a member of our family law team in Wallasey, Wirral.
Study Finds 1 in 3 Women Who Died During or After Pregnancy Were Known to Children’s Services
A recent report published in BMJ Medicine and covered by The Guardian has revealed that a third of women who died during or shortly after pregnancy in the UK had prior involvement with children’s social care services.
What the Study Found
Between 2014 and 2022:
- 1,451 women died during pregnancy or within a year of giving birth.
- 33% of those women were known to social care.
- Many had prior experiences of domestic abuse, childhood trauma, or were already involved in care proceedings.
The report warns of a lack of coordination between maternity care, social workers, and local authorities—leading to missed opportunities to provide support, protection, and early intervention.
What This Means for Families
While this data is heartbreaking, it also reinforces what many in the legal sector already know: that women facing safeguarding concerns often slip through the cracks when systems don’t communicate effectively.
At Burd Ward Solicitors, our Family Law Team supports parents and carers navigating:
- Public Law Proceedings (Care Proceedings and Pre Proceedings)
- Private Law Matters (including Child Arrangements Orders)
- Domestic Abuse Cases (Non Molestation and Occupation Orders)
- Relationship Breakdown & Separation
- Legal Aid for eligible clients, especially where social services are involved
Our Role in Supporting Parents Through Social Services Involvement
It’s vital that any parent involved with children’s services receives clear, supportive legal advice. These cases often move quickly, and without legal representation, parents can find themselves overwhelmed and unheard.
We offer:
- Advice and representation at PLO meetings (Pre-Proceedings process)
- Support during court proceedings where care orders or supervision orders are being considered
- Applications for urgent protective orders if domestic abuse is present
- Tailored legal support during separation, especially where children are at risk or vulnerable
A Call for Better Joined-Up Support
This report should be a wake-up call for professionals working with pregnant women and new mothers. Timely referrals to legal advice—particularly in cases involving domestic abuse or social services concerns—could help prevent harm and improve outcomes for families.
If You Need Support, We’re Here to Help
Whether you’ve been contacted by children’s services, are worried about your safety at home, or are going through a difficult separation, we’re here to provide calm, clear and experienced legal advice.
Celebrating Success: Meggan Epps Qualifies as a Solicitor in Our Family Law Department
We are delighted to announce that Meggan Epps has officially qualified as a Solicitor, here at Burd Ward Solicitors.
Meggan has been a valued member of our family law team since she began her legal career, demonstrating outstanding dedication and a passion for helping families navigate challenging circumstances. Throughout her training, Meggan has gained invaluable experience across a wide range of family law matters, including divorce, child arrangements, financial settlements, and domestic abuse cases.
Her commitment to providing clear, compassionate advice has already made a positive impact on many clients, and her qualification marks the next exciting step in what promises to be a distinguished legal career.
Commenting on her achievement, Meggan said:
After years of hard work, long nights and plenty of tears it is all finally worth it for this feeling!
I am so thankful to everyone around me for the constant support they give, especially my Burd Ward family team
Our Head of Family Law, Jenna Ellison, added:
It has been an absolute pleasure to watch Meggan grow from our days at NYAS to now a fully qualified solicitor here at Burd Ward . She is going to be amazing as a family law solicitor and I am very excited to see what comes next!
If you need advice or support on any family law matter, Meggan and the rest of our expert team are here to help. Please do not hesitate to contact us on 0151 639 8273.
Congratulations again to Meggan on this fantastic milestone!
Navigating Half-Term Child Arrangements for Separated Parents: A Guide to Cooperation and Balance
When parents separate, ensuring that their children’s well-being is at the forefront becomes the most important priority. One area where this can sometimes be challenging is during school holidays, particularly half-term breaks.
Here’s a guide to help separated parents work together to create a fair and flexible plan for half-term child arrangements.
1. Put the Child’s Needs First
Regardless of your relationship with your ex-partner, always consider your child’s needs as the central focus. For children, half-term breaks represent an opportunity to relax, enjoy time with their parents, and participate in fun activities. Avoid putting the child in the middle of any conflicts by discussing arrangements calmly and rationally.
2. Plan Well in Advance
Waiting until the last minute to finalise half-term arrangements can lead to unnecessary stress and confusion. Whether it’s coordinating pick-up times, sharing travel logistics, or planning activities, last-minute decisions are more likely to result in conflicts or miscommunication.
Aim to discuss the arrangements a few weeks before half-term begins. This gives both parents ample time to consider schedules, make any necessary adjustments, and ensure there are no overlaps in planned activities.
3. Use a Co-Parenting Calendar or Tool
Technology can be your ally when it comes to managing child arrangements. Shared calendars, co-parenting apps, or family communication platforms can help you both stay on the same page when it comes to picking up and dropping off the kids, scheduling activities, or making last-minute changes.
4. Agree on a Fair Division of Time
One of the biggest challenges for separated parents during half-term is ensuring the time spent with the child is equally divided. While it’s important not to focus on keeping things strictly equal, it’s equally important to make sure the child feels that both parents are invested in their time and well-being. This might mean dividing the half-term into blocks — one parent might take the first few days while the other takes the latter half.
If it’s not possible for both parents to have equal time, find a compromise that works. For example, one parent might have the child for the majority of the half-term, but the other parent gets extra time over weekends or holidays to balance things out.
5. Communicate with Flexibility and Respect
Effective communication is vital for creating a positive experience for both the child and parents during half-term. Be transparent about your schedules and any potential conflicts. If changes need to be made to the original plan, discuss them respectfully.
Avoid using your child as a messenger. It can create unnecessary tension and put the child in a difficult position. Instead, deal directly with your ex-partner in a calm and respectful manner, remembering that your child’s well-being should remain the priority.
6. Consider the Child’s Routine
While the half-term break is an opportunity for fun and relaxation, it’s also important to consider your child’s routine. Keeping things as familiar as possible will help minimise any stress or anxiety. If your child has certain bedtimes, meal schedules, or activities they enjoy, try to integrate these into both parents’ time during the break.
If one parent is planning a trip or holiday, ensure there’s an understanding about how it fits within your child’s usual routine and what the child will need to adjust.
7. Incorporate Some Fun and Meaningful Time
Half-term breaks should be a time for the child to enjoy fun, relaxation, and special moments with both parents. Plan activities that are meaningful and exciting, whether it’s a day out at an amusement park, a visit to the cinema, or a quiet evening at home baking cookies.
8. Be Ready for Changes
Life is unpredictable, and things might not always go as planned. One parent might fall ill, work commitments may arise, or a new issue might come up that requires rearranging plans. If this happens, work together to find a solution.
Flexibility and patience are essential. If something needs to change, communicate promptly, and be willing to accommodate the other parent’s needs when necessary.
The overall goal is to create an environment where the child feels loved, supported, and secure during the break — no matter how the arrangements unfold. With patience, respect, and a focus on cooperation, separated parents can turn half-term into a time of connection and fun.
Care Proceedings: A Comprehensive Guide for Wirral Families
Care proceedings are one of the most sensitive and challenging areas of family law. If you or a loved one is involved in such a process, it’s essential to understand the steps, rights, and legal obligations involved. At Burd Ward Solicitors, we specialize in providing compassionate and expert legal advice in care proceedings to ensure the best possible outcomes for children and families.
What Are Care Proceedings?
Care proceedings are initiated by a Local Authority when they have serious concerns about a child’s safety or well-being. This legal process begins when the Local Authority believes that a child is at risk of significant harm, and it involves the family court deciding what is in the child’s best interest.
This can involve the child being subject to a Care or Supervision Order.
The primary goal of care proceedings is to protect the child, but the court also considers the rights of the parents and wider family members.
Why Might Care Proceedings Be Initiated?
Care proceedings are usually initiated in response to concerns such as:
- Neglect: Failing to meet the child’s basic needs, such as food, shelter, or medical care.
- Physical or Emotional Abuse: Any action causing harm to the child’s physical or mental health.
- Substance Abuse: Concerns that parents or guardians are misusing drugs or alcohol in a way that endangers the child.
- Domestic Violence: Exposure to domestic violence, which can have long-lasting impacts on children.
- Mental Health Issues: If a parent’s mental health issues impair their ability to care for their child safely.
The Role of the Local Authority
The Local Authority has a legal duty to ensure that children in their area are safe. Before initiating care proceedings, they can often work with families through a process called pre-proceedings. This is an opportunity for parents to address the concerns raised, usually with the help of a solicitor, as funding is available for this. The aim of pre- proceedings is to prevent the matter going to Court.
However, if these efforts are unsuccessful, or the matter requires urgent attention then the Local Authority may issue Care Proceedings. They will ask the Court to make an Interim Care Order. An Interim Care Order gives the Local Authority temporary overriding parental responsibility whilst in proceedings.
At the end of proceedings, the Court will be invited to determine if there is a need for a Final Order to be made, which could be either a Care Order or a Supervision Order.
A Care Order gives the Local Authority shared parental responsibility for the child, allowing them to make decisions about their care.
A Supervision Order, on the other hand, allows the child to remain with their parents under the local authority’s supervision.
Your Rights as a Parent
As a parent, it’s essential to know that you have rights during care proceedings:
- Right to Legal Representation: You are entitled to free legal representation, and it’s crucial to seek expert advice from solicitors experienced in care proceedings, such as Burd Ward Solicitors.
- Right to Participate in Court Hearings: You can attend and present your case during court hearings, explaining your side of the situation with the assistance of representation.
- Right to Challenge the Local Authority’s Evidence: You have the right to challenge any evidence presented by the local authority and present your own evidence to support your case.
The Court Process
Care proceedings usually follow these stages:
- The First Hearing: Known as the Case Management Hearing, where the court sets the timetable for the proceedings and decides on interim care arrangements.
- The Fact-Finding Hearing: If necessary, the court examines the evidence to determine if the concerns raised by the Local Authority are valid.
- The Welfare Hearing: The court considers what’s in the child’s best interests, which could include staying with their parents with a support plan, placed with either family members or foster carers, or adoption.
The entire process is designed to be completed within 26 weeks to minimize disruption to the child’s life. However, in complex cases, this period may be extended.
How Burd Ward Solicitors Can Help
At Burd Ward Solicitors, we understand how stressful and emotional care proceedings can be for parents. Our experienced team provides clear, professional, and empathetic advice tailored to your circumstances. We will guide you through each step of the process, ensuring that your rights are protected and that the court hears your side of the story.
We are committed to achieving the best possible outcome for your family, working with you and other professionals to resolve issues as smoothly and quickly as possible.
Care proceedings are complex and emotionally challenging, but with the right legal support, you can navigate the process confidently. If you are facing care proceedings or have concerns about your child’s welfare, contact Burd Ward Solicitors for expert advice and representation.
Our expert family law solicitors are here to help you. Call us at 0151 639 8273 or email us at familyteam@burdward.co.uk.
Jenna Ellison, Head of Family at Burd Ward has book published
Jenna Ellison, Head of Family Law at Burd Ward Solicitors has had a text book published. The text book is aimed at CILEX students, but is available for all to purchase.
Working in Family Practice begins by introducing some key family law themes and then discusses the important issue of funding of family law proceedings. The course book then goes on to review the law relating to marriage and civil partnerships. The law and procedure for divorce and dissolution of a civil
partnership is then explained and the differences with judicial separation are outlined. The rights of cohabitants when relationship ends are also reviewed. Next, the book discusses Private Law Children, focussing on the application of the Children Act 1989 to the resolution of disputes between parents. Public Law Children is explained and the role of the state in child protection cases is described. Finally, the course book reviews the law relating to domestic abuse, including the requirements of the Domestic Abuse Act 2021.
This course book is suitable for paralegals and junior staff working in family practice teams, as well as for junior legal staff working in child protection teams in local authorities.
Jenna has been working with CILEX in varying roles over the last year. The Journey to creating this book started over five years ago. Jenna began teaching Level 3 Family Law and Level 6 Family Practice with The Law Academy, based in Liverpool. “I really enjoying teaching, I am really passionate about family law and teaching allows me to pass on this passion with the lawyers of the future”.
Jenna then got involved with CILEX directly with the apprenticeship program. Jenna has assisted in the development of what the role of an apprenticeship would involve, what they generally be involved with assisting a family team. In addition, creating example portfolios so that training providers are assisted with the standards expected.
This role lead to involvement with other programs. Jenna was then commissioned to assist with the syllabus drafting
and exam writing. This naturally led onto Jenna being commissioned to edit the text book that sat along this program. “It has been a real honor to write this text book, I was once told everyone has a book inside them, little did I know, mine would be a family law text book”.
About Jenna Ellison
Jenna Ellison, a solicitor and head of our family law department re-joined Burd Ward Solicitors in 2022 having initially trained with us back in 2015.
A lecturer and author, Jenna brings with her a wealth of experience and knowledge from her previous experience working in a city firm to the Family department. Jenna has previously represented both males and females who have been victims of domestic violence and has supported them obtaining orders to protect not only their own safety, but that of their children and home.
Jenna is also very experienced in dealing with Private law proceedings where there is a dispute between the parents regarding where the children should live and when they should spend time with the non resident parent. Jenna’s experience representing children have allowed her to assist both parents come to a child focused arrangement. Jenna has also had experience acting for both Fathers and Mothers when children have not been returned and offers an approach that is timely and professional.
For assistance in all aspects of of family law please contact Jenna Ellison on 0151 639 8273 or by emailing her directly at je@burdward.co.uk
Kash Mahmood receives re-accreditation to the Law Society’s Children Law Accreditation Scheme
We’re delighted to hear that Kash Mahmood a solicitor and the legal aid supervisor in our family law department has been re-accredited to the Law Society’s Children Law Accreditation scheme.
What is the Law Society’s Children Law Accreditation?
The Law Society’s Children Law Accreditation is a recognised quality standard for practitioners representing children in children law proceedings.
The accreditation covers all types of children law work and is recognised by the Legal Aid Agency.
It’s a way for clients and professionals (such as guardians) to choose a qualified practitioner when a child needs representation.
About Kash Mahmood
Kash Mahmood, a solicitor in our family law department joined Burd Ward in June 2022 following the merger of his firm Solicitorhelp.com. Kash has been a solicitor for over 25 years and has been a member of the Law Society’s Children Panel for the last 20 years. He specialises in Child Care cases, dealing with sensitive and often complex proceedings brought by social services and the courts where there are concerns about the care offered to a child or children.
Outside of work Kash is deeply involved with St John Ambulance regularly volunteering his spare time to them. Most recently he completed the Northumberland Coast Mighty Hike for Macmillan Cancer Support raising over £1,300 for the charity.
For assistance in all aspects of of family law please contact Kash Mahmood on 0151 639 8273 or by emailing him directly at km@burdward.co.uk
Jenna Ellison receives the Law Society’s Children Law Accreditation
We’re happy to announce that Jenna Ellison, a solicitor and head of our family law department has received the Law Society’s Children Law Accreditation
What is the Law Society’s Children Law Accreditation?
The Law Society’s Children Law Accreditation is a recognised quality standard for practitioners representing children in children law proceedings.
The accreditation covers all types of children law work and is recognised by the Legal Aid Agency.
It’s a way for clients and professionals (such as guardians) to choose a qualified practitioner when a child needs representation.
About Jenna Ellison
Jenna Ellison, a solicitor and head of our family law department re-joined Burd Ward Solicitors in 2022 having initially trained with us back in 2015.
A lecturer and author, Jenna brings with her a wealth of experience and knowledge from her previous experience working in a city firm to the Family department. Jenna has previously represented both males and females who have been victims of domestic violence and has supported them obtaining orders to protect not only their own safety, but that of their children and home.
Jenna is also very experienced in dealing with Private law proceedings where there is a dispute between the parents regarding where the children should live and when they should spend time with the non resident parent. Jenna’s experience representing children have allowed her to assist both parents come to a child focused arrangement. Jenna has also had experience acting for both Fathers and Mothers when children have not been returned and offers an approach that is timely and professional.
For assistance in all aspects of of family law please contact Jenna Ellison on 0151 639 8273 or by emailing her directly at je@burdward.co.uk
No-fault divorce and protection of finances
Not everything in life works out the way people expect. The same applies to marriages and the divorce reform is a recognition of this. The Divorce, Dissolution and Separation Act 2020 has caused a shift within the divorce process, now removing the element of fault for divorces initiated after 31 March 2022.
Divorces under the old law
Prior to the reform, the Matrimonial Causes Act 1973 placed a burden on the parties to prove the marriage broke down for one of the following 5 grounds:
- Adultery;
- Unreasonable behaviour;
- Desertion;
- Long term separation (2 years separation with consent of parties & 5 years separation without consent).
Under the Matrimonial Causes Act 1973 there was also the option was for one spouse to request the other to pay their legal costs and the court fee. The court in such circumstances would bear in mind what caused the marriage to break down and if it was found to be by way of fault, it was common for the at fault spouse to incur the financial burden of the divorce costs. The shift to no-fault divorce removes the risk of one spouse having a cost order made against them on the basis of fault. Separating couples now can choose to share to costs to assist with the amicable breakup.
Divorcing under the reforms
Even though the 5 grounds for divorce are no longer applicable, the couple still have to demonstrate that there has been an irretrievable breakdown in marriage, albeit not having to attach fault to one of the parties. This is now done by way of a statement and is sufficient on its own to procure the divorce, without the need for any further evidence.
The application for a divorce order can be made by one spouse, or both of them. The legal terminology for divorce has also had a revamp. What was previously known as ‘Decree Nisi’ is now changed to ‘Conditional Order’, and ‘Decree Absolute’ has now changed to ‘Final Order’. The reforms have cancelled out the opportunity to consent a divorce, allowing people to escape unhappy marriages without having to wait out the separation rule, or cause animosity between their former spouse by alleging fault.
In addition, the reforms have introduced a new 20 week cooling off period between the initial application for divorce proceedings and the conditional order. There is also a further cooling off period of 6 weeks and one day between the conditional order and final order. This awards the parties time to deal with any financial matters as discussed below.
Protecting your finances
While the aim of no-fault divorce is for the matter to be dealt with amicably, it is unsafe for the parties to assume that their financial position is automatically protected. The final divorce order (previously referred to as decree absolute) may legally end the marriage, but it does not end any financial commitments.
Therefore, it is important to seek legal advice and obtain a divorce financial order to protect your position at the time of the divorce and in the future. There are two types of court orders to award your finances protection: Consent Orders and Clean Break Orders. The latter is important for people with no current assets to consider, as any future assets one may acquire will be at risk of the former spouse making a financial claim to inherit a share of the same. A Clean Break Order will sever any financial ties and protect future assets. A Consent Order allows spouses with assets to create a legally binding financial agreement, dealing with how their assets will be divided. Once such an order is approved by the court, it will have the same effect as a Clean Break Order and sever financial ties after the current assets have been dealt with accordingly.
If you would like more information on finances and divorce, please do get in touch on 0151 639 8273.
We offer fixed fees for divorce and finance matters. In certain circumstances we are also able to offer legal aid.
