You can get a financial order after your divorce has been finalised because there is no time limit on making a divorce financial claim. This means that you can make a claim against your ex-spouse’s property, pensions, and other financial assets at any time in the future, as long as you have not remarried. Likewise, your ex-spouse can make a claim against your financial assets if they have not remarried. While it is possible to secure a financial order after a Final Order has been issued (which brings your marriage to an end), it is recommended that you come to an agreement while you are still married. Getting a divorce financial order before your divorce is finalised will enable you to make a clean break, severing the potential for any financial claims and, therefore, disputes over:
- Marital assets disposed of after the divorce
- Pensions
- Assets acquired after the divorce, and
- The estate of a deceased ex-spouse under the Inheritance Act 1975.
It is important to remember that your divorce and any financial orders (e.g. Financial Remedy Order, Clean Break Order, or Consent Order) issued by the courts are decided on separately.
How do you get a financial order after a divorce?
You can get a financial order after your divorce has been finalised by either:
- Reaching a mutual agreement with your ex-spouse and having this made legally binding in the form of a Consent Order, or
- Asking the courts to make a decision on a Financial Remedy Order
Before you can ask the courts to make a decision on a Financial Remedy Order, you must try to resolve the matter through Non-Court Dispute Resolution (NCDR), such as mediation or arbitration.
You can apply through the courts for a Financial Remedy Order after you have your Conditional Order (or Decree Nisi). The first step in the application process is completing and submitting a financial order application form (Form A) to a local financial court. You and your ex-partner will also need to provide full disclosure of your financial assets (Form E). The court will then review your application, and if the necessary criteria have been met, they will make arrangements for a first appointment, at which a judge will discuss your application. This is normally 12 to 14 weeks after the application is received. Following your first appointment, there will then be a financial dispute resolution (FDR) appointment where the judge will try to help you reach an agreement on your financial arrangements and, if needed, a final hearing.
It can take several months to reach a divorce financial order, depending on the complexity of your case and whether the courts have a backlog.
What will the court consider for a financial order after a divorce?
When making a decision on a financial order after a divorce, the court will consider a range of factors, which may include:
- The financial assets of both parties, including property, businesses, and pensions
- Whether the financial needs and/or resources of either party have changed significantly since the divorce was finalised
- Any adverse circumstances which have occurred since the divorce, including loss of employment or serious illness
- Any inheritances received since the divorce
- Changes in the requirements of any children from the marriage
- The length of time since the divorce
Your divorce solicitor will review these factors and explain how they may be interpreted by the courts. For example:
- If your ex-spouse has moved into smaller accommodation compared to the marital home, the court may consider that their financial needs and their need for spousal maintenance have reduced.
- If one party has a serious medical condition or has lost their job, the judge may conclude that their financial needs are now greater, and
- If you or your ex-spouse have started a new family, there is likely to be a corresponding increase in financial obligations which needs to be taken into account by the judge.
