My divorce is now final. What happens next?
Understanding what a Final Order means can help you move forward with confidence. It confirms that your marriage or civil partnership has legally ended, but there are still important considerations that may affect your future. This guide explains the key implications and the steps you may wish to take next.
Receiving the Final Order is an important milestone. It is the final document required and evidence that your marriage or civil partnership has been brought to an end. The Final Order has several important implications:
1. Your legal status
Once the Final Order has been granted, your marriage or civil partnership has officially ended, and you are legally a single person. This means you are free to re-marry, if you choose to do so.
2. Financial arrangements
It is important to remember that the Final Order does not automatically resolve financial matters between you and a former spouse. As such, if you have not already done so, we strongly advise that you obtain a Financial Order which sets out the agreement between you in relation to the division of finances, following the partnership coming to an end.
Without this, either party could still bring financial claims against the other in the future, even years after the divorce. This could include claims on income, property, savings, pensions, or even inheritance received after the divorce is finalised.
If your financial situation improves significantly after the divorce and you have no Financial Order, your former spouse could make a claim against these assets.
Even if you and your former spouse have reached an agreement between you regarding the finances, this is not legally binding unless it has been recorded in a Financial Order and approved by the Court.
3. Child Arrangements
If you have a child, the divorce does not automatically change any existing child arrangements. You should ensure that parenting agreements or Court Orders are still suitable and in the best interests of the child.
If you have an informal arrangement that works well, this can continue. However, if disagreements do arise or circumstances change, it may be necessary formalise arrangements through mediation or Court proceedings.
Most importantly, both parents retain parental responsibility following a divorce. Therefore, both parents must continue to make important decisions jointly about their child's upbringing, such as education, healthcare, religion etc, unless the Court decide otherwise.
4. Wills and inheritance
A divorce does not revoke your Will., Your former spouse, for inheritance purposes, is treated as if they had died when your marriage or civil partnership was dissolved, which can lead to unintended outcomes. Therefore, it is vitally important that you draft a new Will to reflect your wishes.
If you do not have a Will, your estate will be distributed under the rules of intestacy, which may no longer align with your wishes. We strongly advise that, following your divorce, you seek to update or obtain a Will.
5. Name change
If you changed your surname when you married, you can choose to revert to your maiden name or keep your married name. This is a personal decision and not a legal requirement.
6. Emotional and practical adjustments
Beyond the legal aspects highlighted above, finalising a divorce can be an emotional milestone. You may need time to adjust to the changes in your personal and financial circumstances. Support from family, friends, or professionals can be helpful during this transition.
Moving forward
The Final Order is the end of one chapter, but there may still be practical steps to take to protect your future. If you are unsure about your next steps, we can guide you through your options with clear and supportive advice.
Explore our Fixed Fee Divorce service, or contact our Family Team to explore starting the divorce process.
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