Eve Stanway spent the whole of 2018 feeling incredibly frightened when her husband announced he wanted a divorce. She was completely blindsided by the decision and overwhelmed by the administrative and bureaucratic hurdles that followed.
The Hidden Realities of Marriage
Eve notes that while everyone spoke about finances during her separation, she struggled to understand the required steps. Now working as a Divorce & Difficult Conversations Coach at 57 years of age, she is campaigning for terms and conditions to be printed on the back of all marriage certificates. She points out that many people enter marriage without knowing what it truly entails.
Tanya Dodo, a Consultant Family Law Solicitor at Setfords, explains that marriage is fundamentally a financial partnership. Many couples sign marriage certificates without realising the legal consequences, particularly the fact that a divorce decree does not automatically resolve financial claims.
Financial Disclosures and Court Orders
Couples often need to secure a financial court order, requiring both parties to make a full disclosure of assets in court via Form E. Tanya clarifies that courts hold the power to divide assets regardless of whose name they are registered under.
Eve's proposed terms and conditions aim to educate couples about homes, pensions, and shared responsibilities. The proposed additions to marriage certificates include
- Financial Claims: Divorce does not automatically end financial claims between former spouses.
- Ongoing Duties: Financial responsibilities can persist long after formal separation.
- Legal Agreements: Understanding the purpose and limitations of prenuptial and postnuptial agreements is essential.
- Asset Division: Keeping properties or savings in separate names does not exempt them from financial statements.
- Inheritances: Pre-marital assets and inheritances are not always shielded from legal claims.
- No Guaranteed Split: Settlements depend on individual needs rather than a fixed 50/50 division.
- Unpaid Care: Both paid work and domestic childcare contributions are recognized in legal assessments.
- Child Maintenance: Parental responsibilities and child arrangements continue separately from asset division.
She also advocates for a brief overview of the divorce process in England and Wales, including the minimum wait times and a QR code linking directly to www.gov.uk/divorce.
Personal Trauma and Economic Abuse
Nina Francis shares similar harrowing memories of feeling stripped of her identity during her own divorce proceedings. Economic abuse remains a prevalent issue, with a 2024 IPSOS survey revealing that one in seven women experienced economic abuse from a partner in the prior 12 months. Tanya Dodo notes instances where spouses were misled into closing individual bank accounts or taking on debt in their own names.
Expert Endorsements
Colette Bane, a Family Partner at Knights, fully supports printing terms on marriage certificates to prevent manipulation and misinformation regarding divorce laws. Similarly, Lesley Thomas, Founder of The Money Confidence Academy, emphasizes that obtaining legal clarity early on protects personal assets and minimizes emotional distress during a split.
