Legal Issues After Divorce

Legal Issues After Divorce

Step 1

Registration of your divorce in the EU

For divorces in EU member states (except divorces in Danmark) if the application for the divorce was filed after 1 March 2001 it is advisable to the certificate referred to in Article 39 of the Council Regulation (EC) No. 2201/2003 of 27 November 2003(1) concerning judgments in matrimonial matters from the court which issued the divorce decree. This certificate together with the divorce decree absolute are EU-wide recognized as sufficient proof of a valid divorce.

Our legal team can assist you in obtaining the Art 39 Certificate from the Court by making a relevant application. There is no Court fee for this service, but our fees will apply.

Step 2

Varying a Court Order

It is very difficult to vary a Court Order if it is a final order, however Courts understand the change in circumstances and that the existing order may not be appropriate. The paramount factors that the Court will consider are the needs of the ex-spouse and the needs of any children involved.

It is important you discuss your concerns at the earliest opportunity, so that you understand your legal position in respect of your circumstances.

Step 3

Changes to spousal and child maintenance

An application to the Court can be made to vary spousal and child maintenance orders.

Spousal maintenance will be reconsidered typically when there has been a significant change in the circumstances. Only then will the Judge vary the maintenance order by increasing, decreasing or eradicating the order. This will be achieved by an agreement

Child maintenance may be varied in a similar way as spousal maintenance however it will only happen in very limited circumstances.

Step 4

Getting remarried

You marriage needs to have been legally dissolved before you can remarry. There may be significant financial implications on your financial settlement if you have yet to obtain a financial order and decide to remarry.

Once you are remarried, you will be unable to apply to the Court for a property adjustment order, spousal maintenance order or a lump sum order from you ex-partner.

It is vital you resolve your financial arrangements following the breakdown of your former marriage before entering into a new marriage.

If you require any advice following your divorce, please do not hesitate to contact our family lawyers.