Legalities

Navigating post-divorce legalities is crucial even after you think all legal proceedings are wrapped up. Responsibilities like enforcing court orders, updating your will, and liaising with child support agencies still loom large.

It’s your responsibility to ensure that all directives from court orders are executed accurately and on time. This might include arrangements for lump sums, property transfers, pensions, or maintenance. No external body, including the court, monitors these orders post-judgment; you or your legal counsel must take action if there are lapses or disputes. Should maintenance payments falter, it’s imperative to act swiftly, consulting your lawyer or directly approaching the court to avoid accumulating arrears.

Significant changes in your financial circumstances or those of your ex-spouse, such as cohabitation, can warrant a revisit to the court for adjustments to the maintenance orders. However, lump sum agreements cannot be altered post-judgment.

Annual adjustments to maintenance payments are common, usually pegged to the Retail Prices Index to mitigate inflation’s impact. Your court order should specify the timing and calculation method for these adjustments.

Additionally, the dissolution of a marriage often invalidates existing wills, necessitating the drafting of a new one to ensure your assets are distributed according to your current wishes. While the temptation to opt for DIY solutions or respond to aggressive marketing from will-writing services might be strong, consulting a solicitor who is already familiar with your financial and familial situation is advisable for accuracy and legality. This is especially important for appointing legal guardians for minor children and ensuring your estate is handled as you wish.

Although Community Legal Service funding is limited, it’s worth investigating if you qualify, particularly if your income is low. This phase of ensuring your legal affairs are in order post-divorce might seem daunting, but it’s a critical step in moving forward and securing your and your family’s future.

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