15/06/2026
Many people assume that once their divorce is finalised, all financial ties with their former spouse come to an end. However, this is not necessarily the case. Without a financial order approved by the court, either party may be able to bring financial claims against the other in the future, even years after the divorce has been completed.
This can become particularly important if one party's financial circumstances improve significantly after the divorce. For example, if you start a successful business, purchase valuable assets, or experience a substantial increase in income, your former spouse may still be able to make a financial claim against you if financial matters have not been formally resolved.
A Consent Order is one of the most effective ways to protect both parties. Where an agreement has been reached regarding finances, a Consent Order can be submitted to the court for approval. Once approved, it records the agreed terms and can include a clean break provision, which prevents either party from making future financial claims against the other.
It is also important to be aware of the potential "remarriage trap". If you remarry before concluding your financial claims arising from your previous marriage, you may lose the right to pursue certain financial claims against your former spouse. However, your former spouse may still retain the ability to bring claims against you.
There are several ways to reach a financial settlement following divorce, including direct negotiations, mediation, solicitor-led discussions, and other forms of dispute resolution. The most appropriate route will depend on your individual circumstances and the complexity of the issues involved.
Obtaining a financial order can provide certainty, security, and peace of mind for the future. If you would like to find out more about protecting your financial position following divorce, please get in touch with one of our experts, who will be happy to assist.
(Written by Tanya Norley)