If you apply for your own divorce through GOV.UK, you may now receive a new email from HM Courts & Tribunals Service explaining financial orders in more detail. The update highlights that divorce does not automatically end financial claims between spouses.
This clarification has been introduced because many applicants misunderstood the difference between ending a marriage and legally dismissing financial claims. Without a court-approved financial order, claims can remain open even after the divorce is finalised.
Key Points (Quick Summary)
-
Divorce does not automatically end financial claims.
-
You need a financial order approved by the court.
-
A consent order makes an agreed settlement legally binding.
-
The court fee for a consent order is £60.
-
A contested financial order costs £313 (plus legal fees).
-
Finances should usually be resolved before the Final Order.
As recently reinforced by HM Courts & Tribunals Service, divorce and financial claims are separate legal processes. A divorce order does not automatically dismiss financial claims between spouses — a court-approved financial order is required.
Does Divorce Automatically End Financial Claims?
No.
In England and Wales, divorce legally ends the marriage but does not automatically end financial claims between spouses. Without a financial order approved by the court, either party may apply for financial provision in the future — even years after the divorce is finalised.
This applies regardless of whether assets were divided informally or finances were kept separate during the marriage.
What Is a Financial Order in Divorce?
A financial order is a legally binding court order that determines how money, property, pensions and other assets are divided after divorce.
It is separate from the divorce itself.
There are two main types of financial order:
-
A consent order (when you agree)
-
A contested financial order (when the court decides)
A financial order can also include a clean break, which dismisses future financial claims between spouses. A clean break order formally ends the ability to make future financial claims.
What Is a Consent Order?
A consent order is a type of financial order used when both parties agree how to divide their finances. For couples who have already agreed terms, a consent order makes that agreement legally binding.
It:
-
Sets out the agreed terms in legal format
-
Is submitted to a judge for approval
-
Becomes legally binding once approved
-
Can include a clean break to prevent future claims
The court fee for a consent order is £60.
There is usually no court hearing. A judge reviews the paperwork and either approves the order or asks for amendments.
What Is a Contested Financial Order?
If spouses cannot agree on finances, one party can apply to the court for a contested financial order.
This usually involves:
-
Attending a Mediation Information and Assessment Meeting (MIAM)
-
Filing a Form A application
-
Full financial disclosure
-
One or more court hearings
The application fee is £313, excluding legal fees.
Contested financial proceedings often take several months and can result in significant legal costs.
When Should You Apply for a Financial Order?
In most cases, it is advisable to:
-
Apply after the Conditional Order (formerly Decree Nisi), and
-
Have the financial order approved before applying for the Final Order (formerly Decree Absolute).
The court cannot approve a consent order before the Conditional Order is granted.
Finalising the divorce before resolving finances can create complications, particularly in relation to pensions and inheritance rights. Where pensions are involved, a pension sharing order may be required.
Can My Ex Claim Money After Divorce?
Yes — if there is no financial order dismissing claims.
Even if:
-
You split assets informally
-
You kept finances separate
-
Years have passed
-
One party has remarried
Financial claims may remain legally open unless formally dismissed by a court-approved order.
Why Has GOV.UK Introduced a New Divorce Finance Email?
HM Courts & Tribunals Service has introduced a more detailed email about financial orders because many applicants misunderstood the previous guidance.
Historically, GOV.UK briefly stated that divorce does not deal with finances. Some applicants overlooked this and finalised their divorce without securing a financial order.
The updated communication aims to reduce confusion and prevent future financial disputes.
Do You Always Need Legal Advice for a Consent Order?
It is possible to draft and submit a consent order yourself.
However, the court will only approve it if:
-
It is correctly drafted in legal format
-
The financial disclosure supports the agreement
-
The judge considers the settlement fair
If a judge does not consider it fair or properly drafted, it may be rejected and require amendment.
For this reason, most people seek specialist assistance when preparing a consent order.
Frequently Asked Questions
Do I need a financial order if we have no assets?
If you want to prevent future financial claims, a clean break consent order is required.
How much does a financial order cost?
-
Consent order: £60 court fee
-
Contested financial order: £313 court fee
Legal fees vary depending on complexity and representation.
Is mediation required?
If applying for a contested financial order, you will usually need to attend a MIAM unless an exemption applies (for example, domestic abuse). If you are in agreement over your finances, mediation is not needed to get a consent order.
Can I apply for a financial order after the divorce is final?
Yes, but there may be financial consequences, particularly in relation to pensions.
Divorce and Financial Orders Are Separate Processes
Divorce ends the legal marriage.
A financial order ends financial claims.
They are legally separate steps.
The recent update from HMCTS reinforces the importance of resolving finances during the divorce process, rather than leaving claims open indefinitely.
Next Steps
If you are going through divorce and have not secured a financial order, consider:
-
Whether you and your former spouse have reached agreement
-
Whether pensions are involved
-
Whether you want a clean break
-
Whether financial claims remain open
Resolving finances at the correct stage of divorce is usually simpler and significantly less expensive than dealing with disputes later.
You can book a free consultation or call us on 0204 530 8101 to understand which option may be appropriate for your situation.
