Why Financial Orders Matter: Securing Your Future After Divorce
Created: 18 August 2025
A divorce may represent the end of a marriage, but it doesn’t remove the financial commitments, unless a legally binding financial agreement is put in place. Without a consent order or a final financial order made by the Court, if an agreement can’t be reached, either party can potentially make a financial claim at some stage in the future, leading to expensive disputes.
When a marriage ends, most people assume the divorce itself is the final chapter, but from a legal perspective, that’s not necessarily accurate. While a divorce legally dissolves the marriage, it doesn’t automatically mean the financial ties are eradicated. Without a final financial order, any financial elements can continue for many years, and potentially lead to future claims. A consent order or if there is dispute, a final financial order made by the court, will resolve any financial matters, allowing both parties to continue with their lives without concerns about unexpected future claims. A financial order is a legal document approved by the court that sets out how money, property, pensions, and any other assets are split following a divorce. Without this, each parties financial claims against the other remain open, even years after moving on.
Often, people assume that if both parties agree on who gets what, there’s no need to involve the courts. While informal agreements seem conceivable and relatively seamless, they’re not legally enforceable. Years later, a former spouse could return to claim a share of assets you’ve accumulated independently, whether it be a new property, an inheritance, a business, or your independent savings accrued since the divorce. This isn’t a rarity; it happens more often than many realise. A financial order provides not only legal protection, but it also offers closure. Divorce is an emotionally challenging situation, and the financial aspect can be just as complex. Having a system that formally settles all of the monetary elements enables both parties to move forward with their lives without the uncertainty of unresolved financial obligations.
Financial orders aren’t just for those with significant assets or complex finances. Even if you believe there’s little to divide, or if you’ve already come to a verbal agreement, it’s still critical to make it official. The order can confirm that no further claims will be made, offering peace of mind and protection for both parties from future disputes.
For those with more substantial shared assets, such as property, pensions, or joint investments, the order is even more critical. It ensures clarity, fairness, and enforceability. It can also protect future income or wealth. If one person remarries or becomes financially successful, they won't be at risk of their former partner seeking a share, provided a clean break has been agreed. Timing is also vital. The ideal moment to apply for a financial order is during divorce proceedings, but it can still be done afterwards. However, the longer the delay, the greater the risk that circumstances will change, and with them, the potential for a new claim.
Ultimately, a financial order is about finality. It’s about defining a clear line between the shared financial life of the past and the separate lives that begin after divorce. It won’t remove the emotional consequences of separation, but it provides a form of legal and financial certainty, enabling you to move forward with confidence. In a process as complex and emotional as divorce, clarity is rare. A financial order is one of the few tools that can truly offer it. Divorce is a significant life event, and enabling a clean break if at all possible, is critical to moving forward without financial uncertainty. By formalising financial agreements through a consent order or if an agreement can’t be reached, by the court making a final financial order, couples can avoid future disputes and gain peace of mind knowing their financial futures are secure. Don’t leave your financial wellbeing to chance; invest in professional support to ensure you take the first step toward a truly finalised divorce. We are able to assist, and if you require assistance please do not hesitate to contact us.
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