The 16-year divorce: Why expert advice and early resolution matter

A bad divorce does not end with a court order. It lingers—emotionally, financially, and sometimes legally—for years. We have all seen the headlines: former spouses dragged back into court, families torn apart by unresolved issues, and fortunes drained by legal fees. Behind these public stories lies lessons that every separating couple should heed: the importance of expert legal advice, the benefits of avoiding court, and the lasting protection of a well-drafted consent order.

What is a consent order?

A consent order is a legally binding document approved by the court that sets out the financial arrangements between divorcing spouses. Without one, either party could make further financial claims in the future, even years after the divorce.

When emotions take over, everyone pays

One recent case, between a UK barrister and Australian painter, reported in the Daily Mail offered a stark reminder of what happens when divorce becomes a battleground, fuelled by bitterness, the proceedings became a vehicle for attack, rather than resolution.

The court criticised one party's legal team for submitting documents riddled with personal, vindictive commentary—material that had no place in legal proceedings. Unfortunately resulting in spiralling legal costs, years of litigation, and damage to family relationships that could take a lifetime to repair.

The international dimension: complexity demands expertise

Divorces involving international elements—foreign assets, cross-border living arrangements, or dual citizenship—adds another layer of complexity. Jurisdictional issues, enforcement of orders overseas, and cultural considerations can all complicate even the most straightforward case.

Without specialist advice early on, parties risk making irreparable missteps. Do not wait for problems to arise—anticipate them with the right legal team from the outset.

Court should be the last resort

The courtroom is adversarial by design. However, for most separating families, it is the worst place to resolve deeply personal matters. Non-court dispute resolution methods—like mediation, arbitration, and collaborative law—allow couples to retain control, preserve dignity, and focus on solutions rather than accusations. These approaches promote early settlement, save costs, and most importantly, help preserve a workable family dynamic—especially crucial where children are involved.

What should I do if my ex is not following the court order?

If your ex-partner breaches the terms of a court order, you may need to apply to the court for enforcement. The court can impose penalties or take steps to compel compliance. This is another reason why the original order must be clear, unambiguous, and enforceable.

Protect your future: ratify your agreement

Too often, couples believe that a verbal agreement or informal arrangement will stand the test of time – which it rarely does.

The safest, most effective way to protect both parties is through a properly drafted consent order—one that is unambiguous, enforceable, and designed to close the door on future financial claims. An effective consent order is not just paperwork; it is peace of mind.

Where possible, achieve a clean break

One of the most effective ways to ensure finality is through a clean break settlement. Where appropriate, a clean break means that neither party can make future claims against the other's income or assets. It allows both individuals to move on independently, without the lingering fear of further litigation or financial entanglement.

Can I get a clean break settlement in every divorce?

While it is possible, it is not always achievable for many families, particularly where one party needs financial support (e.g., due to childcare responsibilities or a significant income disparity).

Can I change my divorce agreement years later?

Some aspects of a divorce settlement—such as spousal maintenance—can sometimes be varied if there's a significant change in circumstances. However, clean break orders and many lump-sum settlements are intended to be final. This is why getting the agreement right the first time, with expert input, is critical.

Do not let a divorce define your future

Divorce is a legal process, but it's also a pivotal life transition. Handled well, it can offer closure, clarity, and a fresh start. Handled poorly, it becomes a never-ending story of conflict and regret. It is important not let emotion dictate strategy or let bitterness blind judgment and never underestimate the value of experienced family law advice at the outset—especially where international issues, children, or complex assets are involved.

When should I speak to a family law solicitor during a separation?

Speaking to a solicitor as early as possible can help you understand your rights, avoid costly mistakes, and approach the process strategically rather than emotionally. Early legal advice is especially important if there are children, international elements, or complex assets involved.

Our dedicated team of family law experts can help you choose the path that closes the chapter cleanly, respectfully, and permanently.