In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by partner Nathan Wright...

Is reaching a 'fair' financial settlement in divorce as complicated as it looks?

Q: I want to go for a no-fault divorce for speed and cost reasons. A friend advised me I should sort out our finances at the same time as he said there could be implications further down the road if we don't.

So, I looked up online how to reach a financial settlement and it took me to s25 of the Matrimonial Causes Act 1973 which explains how to reach a 'fair' agreement. I have read and re-read it, and it all looks really complicated. Do I need to follow everything it says?

A: People are often shocked when they discover upon separation the entitlement of the other party to their assets, and sadly few people take pre-nuptial advice because it seems 'unromantic', dooming the marriage to failure before it's taken place etc. Yet pre-nuptial advice can save problems if the marriage later fails.

You can get divorced without getting a financial order, but it really is best not to as without an order from the court, e.g. a Clean Break Order or Consent Order, your ex-spouse could still claim money against you ... effectively for ever. In determining what is 'fair', the court will consider all the factors of your marriage and existing assets, as laid out in s25 of the Matrimonial Causes Act 1973.

So, it will save time and costs in the long run if you can do the leg work to reach an agreement that the Court is likely to judge as being fair before applying for the financial order. This is why most people still seek advice and assistance from a divorce solicitor before applying.

A solicitor can ensure that the order is legally binding from the off, which can save you the cost of an application going back and forth because it is drawn up incorrectly. They can then submit the application to the court without you having to attend.

This question has been answered by Nathan Wright, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.