Do the parties have to involve the court to divide the matrimonial assets?
For most matrimonial assets such as the family home, in the majority of divorces the parties will reach a direct agreement between themselves and through their solicitors to record such an agreement without the need to involve the court. However, even if an application for a financial order has been made as shown in the step-by-step guide, the parties can come to an agreement at any stage during first appointment, financial dispute resolution (FDR), or the final hearing, resulting in a consent order. However, where there are pension arrangements as part of the matrimonial assets that cannot be resolved by offsetting, the couple must apply to the court to implement any sharing of the pensions through an earmarking order or pension sharing order. This is because a third party is involved, namely a provider or scheme, that cannot act to divide a pension arrangement without a direction from the court.
