Legal Issues After Divorce

Even when your divorce is finalised, there can still be legal issues after divorce that need to be resolved later on. Personal circumstances can change and life events such as starting a new job, remarrying, or planning to move away can have legal implications on existing arrangements. In this article, we answer some of the most frequently asked questions about the legal matters that you may face following your divorce.

Changes in your financial situation can have legal implications, particularly if your divorce settlement included financial agreements such as spousal maintenance or child support. If you experience a significant change, for example a substantial pay rise, job loss, or inheritance, it may impact your obligations or entitlements.

For example, if you are paying spousal maintenance and your income increases significantly, your ex-spouse may apply for an increase in payments or if your financial situation worsens, you may be able to reduce the amount you pay. Courts will consider if the changes are large enough to change an existing financial order.

Depending on the circumstances, the type of order and the reason for the change, it is possible to change some court orders made during the divorce. These include for ongoing financial obligations such as spousal maintenance or child maintenance. Financial orders, for example about property division, are normally final and cannot be changed. If you are thinking about attempting to change a court order, we recommend getting legal advice to see if a change to the order is possible and the best way to proceed.

It is possible for spousal maintenance to be reviewed and changed. You can apply to increase, reduce, or stop payments if there has been a significant change in your financial circumstances. For example, it may be possible to change spousal maintenance if the recipient remarries or cohabits with a new partner, or if the payer loses their job or experiences a significant drop in income. Any changes to spousal maintenance should ideally be agreed upon between both parties. If this is not possible, an application to the court may be necessary.

Usually calculated by the Child Maintenance Service (CMS), child maintenance payments can be changed if either parent’s financial situation changes. If there has been a pay rise or job loss, maintenance payments may need to be recalculated. Either parent can apply through the CMS for a reassessment if they think payments should be adjusted. If child maintenance was arranged through a private agreement, both parents will need to renegotiate and come to a new arrangement.

Child arrangements can be changed if circumstances change. Reasons for changing child arrangements may include a parent moving, a change in the child’s needs (for example, schooling) or concerns about the child’s welfare. If both parents agree, they can submit a new agreement to the court to approve. If they cannot agree, one parent will have to apply to the court for a variation of the order. The court will always prioritise the child’s best interests when considering any changes.

If you have shared parental responsibility for your children you cannot move with your children (either within the UK or internationally) without the other parent’s consent or a court order.

If you plan to move and your ex does not agree, you may need to apply for a Specific Issue Order, asking the court for permission to relocate. The court will consider factors such as the reason for the move, the impact on the child’s relationship with the other parent, and the practicalities of maintaining contact.

If your ex objects to the move, they can apply for a Prohibited Steps Order to prevent it. It is always advisable to try to reach an agreement through negotiation or mediation before resorting to court proceedings.

Legal issues can arise after your divorce is finalised, particularly when dealing with financial matters and child arrangements. If you are facing post-divorce legal issues, we always recommend speaking to a family law solicitor to understand your rights and ensure your interests are protected.

Ready to take the next step? As leading divorce solicitors in Milton Keynes, our team of family law specialists can advise and guide you from the moment we start working with you. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.