Do I Need a Financial Order After Divorce UK? Why Divorce Alone Is Not Enough

Many people are surprised to learn that finalising a divorce does not automatically end the financial ties between former spouses. While divorce legally ends a marriage, it does not resolve financial claims unless a separate, legally binding financial order is put in place.

If you are divorcing or have already divorced in England and Wales, understanding the importance of a financial order is essential to protecting your future financial security.

Does Divorce End Financial Ties in the UK?

In short, no.

A divorce alone simply means you are no longer legally married. Without a financial order approved by the court, both parties remain financially linked, sometimes indefinitely. This means either party could make a financial claim years after the divorce has been finalised.

This can come as a shock to people who believed an amicable separation or informal agreement was sufficient.

Financial Order After Divorce UK: What You Need to Know

A financial order is a legally binding court order that sets out how finances are to be dealt with following a divorce. It can cover matters such as:

• Property and assets

• Savings and investments

• Pensions

• Spousal maintenance

• Lump sum payments

Once approved by the court, a financial order provides certainty and enforceability.

What Happens If No Financial Order Is Made?

If no financial order is in place, several risks remain, including:

• A former spouse making a claim on future assets

• Claims against pensions years later

• Claims following a significant change in circumstances, such as inheritance, business success, or redundancy

• Ongoing financial uncertainty

Even where both parties believe matters are settled, the absence of a court-approved order leaves the door open to future disputes.

What Happens If No Financial Order Is Made?

A clean break order is a type of financial order that formally ends all financial claims between former spouses. It prevents either party from making future claims against the other’s income, assets, or estate.

Clean break orders are particularly important where:

• There are no ongoing maintenance payments

• Both parties wish to move on independently

• There are no children requiring financial provision between spouses

Without a clean break, financial claims may remain open indefinitely.

When Should a Financial Order Be Made?

A financial order can be applied for:

• During divorce proceedings, or

• After the divorce has been finalised

However, it is generally advisable to address financial matters as early as possible to avoid complications, delays, or disputes later.

Even where there are limited assets, a financial order is still important to provide certainty and protection.

Do We Need to Go to Court?

Not necessarily.

Many couples reach agreement through:

• Solicitor-led negotiations

• Mediation

• Collaborative approaches

Once an agreement is reached, it can be formalised into a consent order and submitted to the court for approval without the need for a contested hearing.

Why Legal Advice Matters

Financial settlements following divorce can be complex, particularly where property, pensions, or children are involved. Legal advice ensures that:

• All assets are properly considered

• The agreement is fair and realistic

• Your future financial position is protected

• The order is correctly drafted and enforceable

Mistakes at this stage can be difficult and costly to rectify later.

How Evalen Law Solicitors Can Help

At Evalen Law Solicitors, we regularly advise clients on financial settlements following divorce, including clean break orders and consent orders.

We provide clear, practical advice to help clients:

• Understand their financial position

• Reach fair and sustainable agreements

• Secure legally binding court orders

• Move forward with confidence

If you are divorcing or have already divorced and would like advice on securing a financial order, our family law team is here to help.