Financial settlement after divorce: how to get a financial order after a decree absolute or final order
Obtaining a financial order after divorce is one of the most commonly overlooked steps in the divorce process, particularly where couples opted for a “quickie divorce” without taking proper advice from a divorce financial settlement solicitor. Many people assume that once the divorce itself is complete, the financial side is settled too. In most cases, it is not. If you never reached a financial settlement after divorce, you can still put one in place, and it is important that you do.
If you divorced before April 2022, your marriage ended with a decree absolute. If you divorced after that date, it ended with a final order. The name changed when the Divorce, Dissolution and Separation Act 2020 came into force and introduced no-fault divorce. The legal effect is the same. What has not changed is this: ending your marriage does not automatically divide your assets, resolve your pensions or prevent your former spouse from making financial claims against you in the future.
What is a financial order?
A financial order is a court order that sets out how a divorcing couple’s finances will be divided. It can cover property, savings, investments, pensions, maintenance and debts. Once sealed by the court, it is legally binding on both of you.
Without a financial order there is no formal legal record of what was agreed. Even if you reached a private agreement at the time, it is not enforceable unless a court has approved it. You can read more about the implications of a divorce without a financial order in our separate guide.
Why leaving finances unresolved is risky: Wyatt v Vince
A real example is Wyatt v Vince. Kathleen Wyatt and Dale Vince divorced in the early 1990s when neither had much money, and no financial order was made. Around 20 years later, Mr Vince had built a hugely successful green energy business. Ms Wyatt, whose finances had not improved, made a claim, and the Supreme Court allowed it to proceed, recognising the “potentially life-long obligations which attend a marriage”. She did not receive half of his fortune, but the case shows that, without a financial order, a claim can remain possible indefinitely, even for couples of modest means at the time of their divorce.
Is there a time limit for a financial settlement after divorce?
No. There is no fixed time limit for applying for a financial order after a decree absolute or final order, which means claims can be made many years later. However, the longer you wait, the more complicated things become. Assets are sold, spent or transferred, pensions grow, and people remarry, all of which can affect what the court can do. Delay can also make it harder to justify a claim. Our guide to reaching a financial settlement after 5 years separation covers what changes after a long gap, and there is no truth in the idea of an automatic divorce after 7 years.
The remarriage trap
Remarrying before your finances are resolved can be costly. If you remarry before you have applied for a financial order, you lose the right to apply for maintenance, a lump sum or a property adjustment order against your former spouse, although you may still be able to seek a pension sharing order. Spousal maintenance also ends automatically when the person receiving it remarries. Once these rights are lost, they cannot be recovered. Your new spouse’s finances may also be taken into account. Our guide to the remarriage trap explains exactly which claims are affected.
Can you still apply for a financial order after a decree absolute or final order?
Yes, in most cases. The fact that your divorce is complete does not stop you applying to the court for a financial order, and applications are regularly made well after the final order or decree absolute. You can make a financial claim as soon as divorce proceedings have started, but the court will not make the order until the conditional order (previously decree nisi) has been granted.
How does the process work?
1. Try to reach agreement first. In most cases the first step is to agree the settlement through direct negotiation, solicitor correspondence or mediation. Most financial orders are made by consent. A consent order is drawn up by a solicitor and submitted to the court with Form D81, which summarises each party’s financial position. A judge reviews the terms to check they are fair before approving the order, and you do not usually need to attend court. The court fee is £62.
2. If agreement cannot be reached. You will normally need to attend a Mediation Information and Assessment Meeting (MIAM) first, unless an exemption applies. Either party can then apply to the court on Form A (the fee is £321). The court usually sets a timetable of three hearings:
- First Appointment: a case management hearing where the judge decides what further information is needed, such as property valuations, pension reports or business accounts, and sets deadlines for financial disclosure.
- Financial Dispute Resolution (FDR) hearing: a negotiation-focused hearing where a judge indicates what a fair outcome might look like. Many cases settle at this stage.
- Final hearing: if you still cannot agree, each side presents evidence and the judge decides. The decision becomes a binding court order.
Contested proceedings take much longer and cost considerably more than a consent order, and the court timetable can run for 12 months or more.
3. What the court will consider. Whether it is approving a consent order or making its own decision, the court applies section 25 of the Matrimonial Causes Act 1973. It considers factors including each party’s income, property and earning capacity, their financial needs and responsibilities, the standard of living during the marriage, their ages and the length of the marriage, any health issues, and the contributions each has made, including caring for the family. There is no automatic 50/50 split. The aim is fairness, which may mean an unequal division if, for example, one person needs to house the children.
Maintenance, pensions and a clean break
A financial claim can include more than dividing assets. You can ask for spousal maintenance if you need ongoing support, and the court can make a pension sharing, attachment or offsetting arrangement, since pensions are often one of the largest assets in a marriage. Where possible, the order can include a clean break, which confirms that neither of you can make future financial claims against the other.
Why you should not leave this unresolved
A decree absolute or final order that has not been followed by a financial order leaves both of you legally exposed. Your former spouse keeps the right to make financial claims against you, potentially years later, including against property you have acquired since the divorce and, in some circumstances, against your estate after you die. This is not a theoretical risk: claims are made, and courts hear them. Once a final financial order with a clean break is made, your former spouse cannot claim against new income, business profits or an inheritance you receive later.
Working with specialist solicitors to help negotiate a divorce financial settlement gives you the best chance of reaching a fair and legally binding resolution as efficiently as possible.
Frequently Asked Questions
Can I get a financial order years after my decree absolute?
Yes. There is no absolute time limit on applying for a financial order following a decree absolute or final order. However, delay can complicate matters, and in some circumstances, such as if you or your former spouse has remarried, certain types of claim may no longer be available. Taking advice sooner rather than later is sensible.
Do I need a solicitor to apply for a consent order?
You are not legally required to use a solicitor, but it is strongly advisable. A consent order must be correctly drafted and supported by accurate financial disclosure before a court will approve it. Errors or incomplete disclosure can lead to the order being rejected, or to a settlement that does not fully protect your position. A solicitor will make sure the order does what you intend it to do and that it is enforceable.
Get advice from Tyrer Roxburgh Solicitors
If you have a decree absolute or final order and no financial order in place, Tyrer Roxburgh Solicitors can help you understand your position and take the right next steps. We offer a fixed fee family law consultation with an experienced family law solicitor, giving you clear advice on your options without any obligation to proceed. Call us on 020 8889 3319 or send us an enquiry.
This article is for general information only and does not constitute legal advice. Every situation is different. If you need advice about your specific circumstances, please speak to a qualified family law solicitor.
About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
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