Overview

These notes apply to both married couples who are divorcing and to civil partners wishing to dissolve their partnership.

Most divorcing and separating couples are able to agree a financial settlement. Generally, they negotiate a settlement which is similar to the sort of order a court would be likely to make, with as much or as little help from legal advisers or mediators as they need. Sometimes, but by no means always, the court process is used to provide a timetable and structure to the negotiations.

The court can also assist with the negotiation process and the majority of cases which use the court process still settle by agreement. If there is a divorce (or dissolution of a civil partnership), an order should be made by a judge confirming the terms of the financial agreement to make it absolutely binding. If the settlement has been agreed this can be done by post without the parties going to court.

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