Tips and recommendations 

Can you divorce without settlement?

Leia Doyle

Can you divorce without settlement?

It is possible to obtain a divorce without a property settlement. A divorce is an order made by the Court that terminates the marriage relationship of the parties. A divorce order does not include orders concerning the property of the parties and does not sever the financial ties of the relationship.

Can you get divorced before financial settlement?

A financial settlement does not necessarily have to be in place for you to apply for a decree absolute. However, if you have not yet reached a financial agreement in your divorce, then it is advisable not to apply for the decree absolute because your entitlement to certain assets of the marriage could be affected.

Do you have to pay taxes on a divorce settlement?

An exception to this rule, however, is a transfer to an ex-spouse as part of a divorce settlement. A Qualified Domestic Relations Order (QDRO) is used to affect this transfer. Income taxes still apply, so any assets you receive from a “qualified plan”, such as a 401 (k), will be subject to a mandatory 20% tax withholding.

What should I know about a divorce settlement?

Be very careful that the property you are receiving in a settlement does not have large capital gains as compared with your ex-spouse’s property. Don’t be fooled if your spouse offers you property of equal value but conveniently forgets to inform you of the tax liability.

Can a former spouse claim money after a divorce?

Former spouses can claim money from their ex many years (sometimes even decades) following the divorce. The only way to effectively sever financial ties is to put in place relevant legal agreements (ie a clean break consent order – see below) or if both parties get remarried.

What happens to my ex husband after divorce?

When you get divorced, you do not automatically sever financial ties with your ex-husband or wife unless you obtain a financial consent order. This type of legal agreement needs to be drafted by a solicitor and approved by the courts to make it legally binding following a divorce.