Most people would concur that agreeing amicably on the details of a divorce before going your own way is the best solution to a bad situation for all concerned.

But however friendly the negotiations are, if you do not get the agreement sorted legally, it can leave the door open for an ex to make a claim years after you have both moved on.

Let’s just get some legal terms understood. A “consent order” is a Court Order by agreement of the people involved. A “clean break” is where both parties future claims are all cancelled normally after a once and for all settlement has been arranged. Clean breaks are often arranged by a Consent Order but a Consent Order is by no means always a clean break.

A Consent Order needs to be in place to ratify the agreement you have come to, even if you manage to sort out the division of assets without going to court. Once an order has been agreed and lodged with the Court, it is legally enforceable. If properly drawn up it normally means that if one party, perhaps previously agreeable but now cheered on by a new partner, decides the settlement they got from the house was not fair, or they want a bigger chunk of the pension fund, they have no claim.

Cancelling any future claims with a clean break order is not possible in every case though and this is why it is essential that a client seeks advice from an experienced family lawyer before making any decisions.

For instance, if children are involved and ongoing support is an issue, a clean break is not always possible. The nature of the support may change over time and so a final order setting a settlement in stone is not appropriate.

Where agreement cannot be reached on the division of assets or one person will not agree to the terms the couple can ask the Courts for a decision.

“If there are significant assets, it can be easier to agree terms because the pot can be divided giving a lump amount to both parties which will last for some time. It is not easy though and issues like children can make it almost impossible. Because of the necessity of an ongoing flow of financial support, a clean break Order will not be appropriate,” said Andrew Woolley, senior partner at family law experts with Woolley & Co.

“Then there are situations where an order could be achieved but one party will not agree to it. This might not necessarily be because they have any intention of claiming in the future, but simply because they want to unsettle the other party. In cases such as these a judge will decide the issue.

“Clean break orders are becoming more popular, because people are becoming more aware of them, but it is perhaps with older generations where they come into play most often. They will have no dependent children and a significant pot of assets which can be divided cleanly and a line drawn under proceedings.”

Woolley & Co lawyers have significant experience in dealing with these issues. For a free initial half hour consultation on whether a clean break or a Consent Order is the right solution contact Woolley & Co on 0800 3213832.

Switching from teacher to will expert is perhaps not such a leap as it may first seem.

“I’m still educating people after all,” said Pamela Howe, who runs Wills in Warwickshire, independent wills and testaments consultants providing tailored estate planning advice.

“With second and third marriages increasingly commonplace, knowing where a person’s assets go after they die has never been less clear cut. A well-written will is the only way to guarantee where you assets will end up.”

Pamela, based in Leamington Spa but serving clients across the country, was a secondary school teacher for more than 15 years but after going part-time decided she wanted a new challenge. After registering on the web, she was contacted by a firm offering training in will-writing, and has never looked back.

“Both my brother-in-law and my mum had problems relating to wills so I was aware of the potential problems not having an up-to-date will can have on families,” said Pamela.

“First step with people is to ask about their situation – whether they are married, divorced, have children etc – but more importantly, what they want to achieve with their will. Most people want to ensure that certain people get something – others want to make sure that they don’t!

“When someone has gone through a divorce, they can find that their assets are depleted. Parents may wish to make sure they safeguard some funds for their own children, particularly if they are marrying again and their new partner also has children from a previous relationship.

“Each case is different and by talking through the unique situation, we can help give people peace of mind.”

For more information, visit www.willsinwarwickshire.com, or call Pamela on 0800 990 3116.

No divorce during China holiday

Couples in China's biggest provincial municipality were not allowed to divorce during celebrations of 60 years of Communist rule, the BBC reports.

Weddings were allowed in Chongqing during the eight-day holiday at the end of September though, and marriage registration centres were swamped with couples wanting to tie the knot.

Zhang Li, an officer from the registration office in Dadukou district, said the National Day holiday period was popular with people wanting to wed. She said staff members from other departments were being drafted in and workers were being told to arrive early and work through lunch breaks.

China considered the anniversary celebrations one of the highlights of the year - a chance to trumpet the achievements of the last 60 years of communist rule.

England “is divorce haven of Europe”

England’s divorce systems are “patristic and unprincipled” according to Lady Deech, chair of the Bar Standards Board.

Huge assets can be divided equally after only a few years of marriage, sending the wrong message, and settlements that automatically keep ex-wives in comfort at the expense of ex-husbands are wrong, she believes.

"Trot down the road to the law courts and there you'll find a woman with maybe no particular qualifications, married for a short time to a celebrity of some sort, will walk away with many, many millions," said Lady Deech.

"The message that's going out is marry a footballer, marry a banker, stick it out for a few years and your lifestyle will always be on that level.”

She also believes the divorce process wastes too much money and wants the Government to reform the divorce laws to make the process fairer.

Andrew Woolley, managing partner of family law specialists Woolley & Co, feels that though the issue of large settlements does need to be addressed, more focus should be given to parity in more average cases.

“In many cases we come across, both parties have worked as hard as they can, one of them has looked after the children and there is not enough money to get a decent place to live for the two of them after a divorce let alone debate huge settlements,” he said.

Senior judge says 'collaborative' approach can be extended

Couples are increasingly settling divorce disputes outside the court through collaborative negotiations which could be extended to other litigation, one of Britain's top judges has claimed.

Lord Kerr of Tonaghmore, a justice in the UK's new Supreme Court, said that there had been an "impressive" take-up in the use of what is called the "collaborative" approach to divorce.

In 2003, only four lawyers in England were offering the new out-of-court method, he said. Now the number had risen to 1,408 in England and Wales and 100 in Northern Ireland - with a rise of 87 per cent in cases to an estimated several thousand a year.

Addressing leading family lawyers, Lord Kerr said: “The fundamental purpose is to shape a solution to the problems experienced by the parties that not only resolves the immediate dispute, but which will endure to sustain a relationship after the parties have left the stage."

Woolley & Co already has one fully trained collaborative lawyer in its ranks with another due to join later this month.

Nick joins Woolley ranks

Nick Wiseman is the latest lawyer to join the swelling ranks of Woolley & Co.

Based in Belton, near Great Yarmouth, in Norfolk, Nick began his legal career more than 20 years ago, qualifying as a legal executive and specialising in personal injury litigation before being offered the chance to work in the family law department of a local firm, which he felt better suited his character.

He joins Woolley & Co from a post as head of the family law department with an Ipswich firm.

“Family law is a unique area of law. You are dealing with people at a very difficult time in their lives when, because of a relationship break-up, it feels like their whole world is falling apart. You can’t tackle that like a bull in a China shop,” said Nick.

Nick, who enjoys scuba diving and playing football in his free time, deals with the complete range of family law issues, from divorce to property and pensions. He is a fellow of the Institute of Legal Executives (ILEX). He can be contacted on 0845 680 2124 or by email.

Divorce book published

Exploring the Myths about Divorce and Separation was published by Woolley & Co at the end of September and is already proving very popular with individuals and their advisers.

It features 101 common myths and misconceptions about the separation process which the firm’s lawyers have come up against. The aim is to help people make informed choices in their relationship without the water being muddied by hearsay and incorrect advice.

“We have all worked very hard to pull these 101 myths together. The initial response from clients and professional partners has been very positive and we have set up a website –www.divorcemyths.co.uk – alongside it to continue to broaden the topics discussed,” said Woolley & Co managing partner Andrew Woolley.

The book can be downloaded from the website or copies ordered for free by calling 0800 321 3832.