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The Hidden Legal Risks of Divorce and Separation

05 January 2026

For many couples, the end of a relationship isn’t contained in one moment; it unfolds over time, often with uncertainty and stress.

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For many couples, the end of a relationship isn’t contained in one moment; it unfolds over time, often with uncertainty and stress. At Aldridge Brownlee Solicitors in Dorset, we see a noticeable increase in enquiries after Christmas, a period of high pressure for families that often brings underlying issues to the surface.

January has long been known in family law circles as Divorce Month’, with financial strain, childcare challenges and the intensity of family gatherings prompting couples to finally seek legal help. Whether you’re considering a divorce, separation, or ending a long-term cohabiting relationship, early specialist legal advice can make all the difference.

Why No-Fault Divorce Can Still Leave You Exposed

In England and Wales, no-fault divorce has simplified the process of legally ending a marriage. Couples can now apply jointly or individually without having to assign blame. Terms like “final order” are intended to be clearer and more accessible than the older legal language. However, the new terminology has unintentionally caused confusion.

Many people completing a DIY divorce online believe that receiving a final order means everything is resolved, including financial matters, property and pension rights. This is not the case. The final order only legally ends the marriage. Financial arrangements must be addressed separately, typically by obtaining a court-approved consent order.

Without a consent order, former spouses can remain financially linked. This has led to real-world problems for clients who only discovered too late that their ex-partner could still make claims against increased property value or other assets, years after the divorce was finalised.

One long-running legal warning is Wyatt v Vince, where the Supreme Court allowed a financial claim more than 30 years after divorce because no binding financial agreement had been made at the time.

The Risks of Assuming “Common-Law Marriage”

Cohabiting without being married is increasingly common and often misunderstood. According to official statistics, cohabiting couples are now the fastest-growing family type in England and Wales.

Yet, despite widespread belief in “common-law marriage”, the law offers no automatic rights to cohabiting partners on separation:

  • No automatic entitlement to shared assets
  • No guaranteed claim on the family home
  • No legal right to maintenance

Regardless of how long you’ve lived together or whether you have children, there is no automatic protection unless legal steps such as a declaration of trust or a cohabitation agreement have been put in place.

This legal gap can be particularly devastating for those who have given up work or contributed financially to the home without legal ownership.

How Expert Advice Protects You

Our specialist family law team in Dorset help clients navigate these complex situations with clarity and confidence, whether you’re dealing with divorce, financial settlement, property disputes or cohabitation rights.

We recommend early legal advice because:

  • Timing matters: knowing when to apply for the final order and how to protect your financial position can save time and money.
  • Financial orders are crucial: a properly drafted consent order protects property, pensions, savings and more.
  • Cohabitation requires planning: proactive agreements can prevent disputes later.

Common Questions We Help With

If you’re facing separation or divorce, our team can support you with:

Getting Expert Legal Help

Separation is never easy, but we are here to guide you through every step. Don’t let confusion about the law lead to avoidable mistakes. Contact our family law team in Bournemouth, to discuss your situation and secure the right legal protection for your future.

Book a consultation today or explore our legal guides on Divorce, Cohabitation and Financial Matters on our website.

 


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