You have agreed the divorce finances.

Brilliant.

But are they legally final?

That is the bit people miss.

A lot of people think that if they have agreed things with their ex, that is enough.

It is not.

A text message is not enough.

An email is not enough.

A signed agreement between you is not enough.

Even an agreement reached between solicitors is not the same as a sealed court order.

If you want financial finality after divorce, you need a proper consent order approved by the court.

That is why I created my £20 Consent Order Guide.

Why Your Divorce Agreement Is Not Enough

You have agreed the finances.

The house.

The savings.

The pensions.

The debts.

Who pays what.

Who keeps what.

Who walks away.

You may even have it in writing.

So you think it is finished.

It may not be.

This is one of the biggest mistakes people make in divorce.

They think an agreement between them is enough.

It usually is not.

Post written by a retired family law solicitor advocate

I originally wrote this post on 9 October 2006.

The advice remains the same.

The answer is no.

Divorce is a form of litigation and hence your interests differ from your ex's.

Most people who separate do not end up in divorce court.

They can reach a sensible agreement and simply wish for it to be made legal.

They cannot mediate because they are already in agreement.

They just want a solicitor to draft it.

Sometimes only one will instruct a solicitor.

This is not ideal because that solicitor has a duty to advise their client on the best outcome for them.

The other party, with no legal knowledge, may sign something not realising it is not in their best interest.

For example, monthly payments are always spousal maintenance (or child maintenance but there are specific legal restrictions in this regard), even if you think you are paying for the dog.

This leaves the door open for a future increase.

Or another bite at the capital cherry in the form of capitalised maintenance.

It is important to always seek legal advice.