Many people assume that once the divorce papers are signed, everything is settled – including the finances. But that’s not always the case. Unless you have a legally binding financial order in place, you may still be financially tied to your ex-spouse, even years after your marriage has officially ended.
This can come as a shock, especially if one person’s circumstances change or they try to make a claim on assets acquired post-divorce. Without the right legal protections, your ex could still be entitled to a share of property, pensions, or even future business interests.
Whether you’ve already separated or are just starting the divorce process, it’s essential to understand your rights and the steps needed to protect your financial future.
How GloverPriest Can Help
Whether you’re just starting divorce proceedings or you’ve already finalised your separation, we’re here to help you protect what matters most. Our Financial Arrangements Solicitors can review your situation, explain your options, and guide you through the process of securing a financial order that reflects your needs.
Why Divorce Doesn’t Automatically End Financial Ties
Divorce brings your marriage to a legal end – but it doesn’t automatically cut the financial ties between you and your ex. Unless there’s a formal financial order approved by the court, those connections remain in place.
That means your ex could still make a claim in future, even on assets you’ve built up after the divorce. Savings, pensions, business profits, property: they can all be up for discussion unless a clear agreement has been made and sealed by the court.
This can catch people off guard, especially if things were amicable at the time of separation. But circumstances change. What felt fair then might not feel fair later – especially if one of you comes into money or enters a new relationship.
The only way to protect yourself from future claims is with a financial order or, in some cases, you might be able to get a clean break order, which draws a clearer legal line under the financial relationship so neither of you can claim against the other down the line.
What Is a Financial Order – and Do You Really Need One?
A financial order is a legally binding court document that confirms how your money, property, and assets will be divided after divorce or civil partnership dissolution. It sets out exactly who gets what – from pensions and savings to debts and spousal maintenance – giving both parties clarity and protection moving forward.
Even if you’ve reached an agreement between yourselves, your ex could still make a financial claim against you later on unless that agreement is sealed by the court. That’s why it’s so important to formalise things properly – especially if your financial situation changes in future, or if either of you remarries.
What Types of Financial Order Are There?
There are several different types of financial order the court can make, depending on your situation. Each one serves a slightly different purpose – and it’s not unusual for more than one to apply:
- Consent Order – This confirms what you’ve agreed together and turns it into something legally enforceable. It can include anything from the family home to savings, pensions, and maintenance.
- Clean Break Order – This ends any financial ties between you and your ex. Once it’s in place, neither of you can make future claims on the other’s income, property, or assets. It’s often included as part of a consent order.
- Property Adjustment Order – This changes who legally owns a particular asset, like the family home. It can transfer ownership from joint names to one person, or include an instruction to sell the property and split the proceeds.
- Pension Sharing Order – This allows one person to take a share of the other’s pension, which is then transferred into a separate pot in their name.
- Lump Sum Order – A one-off payment from one party to the other, often to rebalance the division of assets or meet a specific financial need.
- Spousal Maintenance Order – Where regular payments are made from one person to support the other after the divorce. (We cover this in more detail in the FAQs below.)
Matrimonial vs Non-Matrimonial Assets – What’s the Difference?
When it comes to dividing finances after a divorce or dissolution, not all assets are treated the same. The law generally separates them into two categories: matrimonial and non-matrimonial.
Matrimonial assets are anything built up during the marriage, like the family home, joint savings, pensions, or investments. These are usually considered part of the 'shared pot' and often form the basis for a 50/50 starting point (though the final split depends on what’s fair in your specific situation).
Non-matrimonial assets are things one of you brought into the marriage, such as an inheritance, pre-owned property, or a business set up before you met. These aren't automatically shared, but they might still be taken into account if they’ve become part of your life together, or if needed to meet one person’s financial needs.
However, this often becomes more complex as there is no set formula. If, for example, one spouse's inheritance was used to buy the family home, there's a chance it could be classed as a matrimonial asset. This is where it becomes even more important to seek legal advice early to help you understand what’s likely to be included and what’s not.
Am I Entitled to Half? What a “Fair” Settlement Really Means
Many people assume that divorce means splitting everything straight down the middle. And while a 50/50 division is often the starting point when creating a financial agreement in court, it’s not a fixed rule.
This idea comes from what’s known as the Equal Sharing Principle – the view that both people contribute equally to a marriage, whether that’s through earning, raising children, or supporting the family in other ways. So, as a starting point, the court often assumes assets built up during the relationship should be shared equally.
But equal doesn’t always mean identical. The court’s main focus is fairness, not just equality. That means looking at your whole situation, including what each person needs to move forward. Things like income, housing, childcare responsibilities, health, and future earning potential are all usually considered to ensure a fair outcome. Non-financial contributions, such as looking after the home or raising children, are also taken into account.
So, no, while you’re not automatically entitled to half of the total asset amount, you are entitled to a fair outcome – and that can look different for every couple.
What Happens If We Agree Everything Ourselves?
If you and your ex have reached an agreement about how to divide your finances, that’s a positive step. But unless that agreement is turned into a legally binding court order, it won’t offer the long-term protection you might think it does.
Informal agreements – even when written down – aren’t enforceable in court. That means your ex could come back months or even years later and make a claim against your income, property, or pension if no financial order was put in place. It also leaves you with little legal standing if they don’t follow through on what you both agreed.
The safest option is to apply for a consent order, which confirms your agreement and makes it legally binding. This gives you peace of mind, knowing your financial arrangements are protected moving forward.
What If We Signed a Prenup – Do We Still Need a Financial Order?
Even if you and your ex partner signed a Prenuptial Agreement (or Prenup), you’ll still need a financial order to make your divorce settlement legally binding. A prenup can help guide what’s fair – especially if it was properly drafted and both parties received independent legal advice – but it’s not automatically enforceable on its own.
The court will usually consider a prenuptial agreement seriously, especially if it’s recent and both sides understood what they were signing. But the final decision is still based on fairness. If the terms are clearly unreasonable, or no longer meet either person’s needs, the court may choose not to follow it entirely.
So, while a prenup can strengthen your position and help avoid disputes, you’ll still need a court-approved financial order to protect your agreement and prevent future claims.
What Is the Process for Getting a Financial Order?
Getting a financial order usually starts once you’ve reached a financial agreement with your ex-partner, or at least opened up discussions. You don’t have to wait until your divorce is finalised, but the court can only approve the order once the divorce has reached a certain stage.
Here’s how the process typically works:
- Agreeing on the terms – Whether through solicitor-led negotiation, mediation, or direct conversation, both parties try to agree how assets, property, pensions, and any ongoing payments will be divided.
- Drafting the order – A solicitor can draft the proposed terms into a formal legal document, usually called a Consent Order.
- Court approval – The order is then submitted to the court, along with a summary of your finances. A judge reviews the agreement to ensure it’s fair before making it legally binding.
- Order sealed – Once approved, your financial settlement becomes enforceable. Depending on court processing times, this step can take a few weeks or longer.
Every case is different, which is why it’s so important to get early legal advice – especially if your finances are more complex or there’s been a breakdown in communication.
How Much Does a Financial Order Cost in the UK?
The cost of a financial order depends on a few key factors – mainly how much has already been agreed between you and your ex, and how straightforward the finances are.
Cases involving larger assets, disagreements, or court hearings tend to be more expensive, particularly if negotiations break down or spousal maintenance is involved. Most solicitors work on an hourly basis, so costs will reflect the level of time and support needed.
At GloverPriest, we’ll give you a clear cost breakdown from the outset, so there are no surprises. We’ll also let you know whether a clean break or consent order is suitable for your situation, and explain what’s involved in each route.
Protecting Yourself Financially During Divorce
Dividing your finances is only one part of the process. It’s just as important to take practical steps to protect yourself now and in the future.
Start by getting a full picture of what you own – including property, savings, pensions, and any joint accounts or credit cards. If you’re still financially linked, it might be worth closing or separating those accounts to prevent unexpected liabilities. You should also check the details on things like life insurance policies and pension beneficiaries, especially if your ex is still listed.
It’s always a good idea to update your Will, too, so your wishes reflect your new circumstances.
Above all, speak to a solicitor early. Clear advice at the right time can help you avoid costly mistakes and protect what’s yours.
How GloverPriest Can Help
Getting a financial order in place isn’t just a legal formality - it’s the only way to protect yourself from future claims after divorce or dissolution. Whether you’ve already agreed things amicably or need support reaching a fair settlement, our Financial Arrangements team is here to guide you through the process with practical, expert advice.
At GloverPriest, we can review your circumstances, explain your rights clearly, and help you apply for the right type of financial order – from clean breaks to consent orders and more. We’ll make sure nothing is missed and that any agreement is legally binding, giving you peace of mind and clarity about your future.
Starting early often leads to smoother, quicker outcomes. The sooner we’re involved, the more we can help you avoid costly mistakes or ongoing disputes.
Frequently Asked Questions - Financial Order
How Are Assets Divided in a Divorce or Dissolution?
The division of assets during a divorce or dissolution can be a complex process, especially when financial ties are closely knit or one person feels they deserve a bigger percentage of assets than the other. Getting legal help becomes crucial in these scenarios, and options include family mediation, arbitration sessions, or, as a last resort, court intervention.
While a divorce or dissolution formally ends a marriage or civil partnership, it doesn't automatically resolve the financial aspects. Your ex-spouse may still have the right to claim a share of assets, including pensions, even if acquired post-divorce. Remarrying stops you from making financial claims against your ex-spouse, but they may still have that option if they haven't remarried.
Agreements on asset division are formalised in a financial order, which is court-approved and prevents future claims. This consideration applies even if you believe there are no assets to divide. Resolving financial matters outside the court is possible, however, you still need court approval when you agree amongst yourselves, to make your agreement legally binding by way of an order, known as a "consent order."
What Is Spousal Maintenance?
Spousal maintenance refers to regular payments made by one ex-spouse to the other after divorce. It’s usually considered where there’s a big difference in income or earning ability, or where one person gave up work to care for children or the home. Payments can be short-term (to help someone get back on their feet) or ongoing, depending on what’s fair in the circumstances.
How Is Spousal Maintenance Calculated in the UK?
In situations where one party relies on the other or is unable to support themselves, the court may issue a maintenance order. This legal arrangement requires the higher-earning party to make regular payments to the other, commonly known as spousal maintenance.
The court considers various factors when determining the amount and duration of maintenance payments. These factors include the standard of living enjoyed before the breakdown, the age of each party, the duration of the marriage or civil partnership, and the contributions each person made to the relationship, such as caring for the home or children.
What Happens If My Spouse Tries to Hide Assets?
In the emotional process of divorce, reaching an agreement on the division of assets is crucial. While many couples manage this amicably through open communication, some unfortunately attempt to conceal assets like savings, cars, pensions, debts, and inheritance.
It's essential to note that any such attempts may face penalties if discovered by the court. Identifying red flags involves scrutinising the financial disclosure "Form E", looking for changes in passwords, sudden shifts in investments, or being locked out of joint business accounts.
If hidden assets are suspected, prompt communication with your solicitor is vital. They can utilise legal tools such as orders for third-party disclosure, search orders, freezing orders, avoidance of disposition orders, and the "add back" approach to uncover any concealed assets, ensuring a fair and transparent resolution.
Is a Clean Break Order the Same as a Financial Order?
Not quite. A clean break order is one type of financial order. It’s used when both parties want to cut financial ties completely – no ongoing payments, no future claims. Other types of financial order include consent orders, lump sum orders, and spousal maintenance orders. What’s right for you depends on your situation.