Divorce and Heads of Agreement

With the advent of no-fault divorces, there is now a change in the regulations so that couples have to wait 20 weeks after the issuing of a Divorce Petition to apply for a Conditional Order, even in the most amicable of circumstances.

It is of course only after a Conditional Order has been applied for and declared that the financial arrangements can be submitted to the Court for their consideration and approval.

This of course presents problems on occasions where couples have in place agreed financial arrangements at the commencement of the divorce process.  What it inevitably means is that there is at least 20 weeks during which time the financial arrangements are not finalised and of course can be the subject of challenge if one of the parties for whatever reason wants to change the settlement in the intervening period.

What can help parties in these circumstances is if a document known as a ‘Heads of Agreement’ is drafted and signed by both parties pending the pronouncement of a Conditional Order outlining financial matters on a once and for all basis.  Such arrangements of course require a couple to maintain a pragmatic level of communication and, with the assistance of lawyers and potentially mediators can provide for the addressing of financial matters on an interim basis.  Whilst arrangements of this nature are not 100% binding on the parties, if they are drafted by solicitors who follow the appropriate procedures, they can be viewed as potentially enforceable through the Court process if one party sought to challenge them at a later date.

They are therefore an important interim step for parties to consider in such circumstances.  Please contact with one of our family specialists if you would like to discuss divorce related issues potentially including the general idea of a Heads of Agreement as part of such process.