Q&A How is a financial settlement sorted out in a quickie no-fault divorce?

Q:      My wife and I separated several months ago but held off starting divorce proceedings until the no-fault divorce came into force this April. We were hoping to sort everything out between ourselves but are wondering whether there is any part of the process for which we should seek legal advice from a solicitor?

A:       Under the new Divorce, Dissolution and Separation Act 2020 you can certainly end your marriage jointly if you wish to. The decision about who has what in financial terms can also be made on your own, but as the Court will make the final decision it would be more sensible to seek the help of an independent family solicitor. Further, that advice should be sought separately by each party, to ensure that the settlement is fair, full and final, and in particular that neither party can make a financial claim against the other further down the road. If you decide to reach a financial arrangement on your own or through a family mediator, it would still be necessary to speak to a solicitor about drafting and advising upon the agreement.

The first course of action will be for you to disclose fully and frankly to each other what assets, incomes and pensions you have. Normally the Court will want to know the value of all assets at the time of the divorce application rather than at the date of separation, so you should gather this information together as a priority. When agreeing a financial settlement, the Court will consider the needs of both parties in respect of housing, income, and pensions. A solicitor can advise you about all of these areas and seeking this advice can be invaluable.

This question has been answered by Nathan Wright, a Partner with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

Nathan Wright, Partner at GHP Legal

Nathan Wright


A Partner specialising in Family and Matrimonial Law