23rd June 2026
Why Do I Need a Financial Consent Order on Divorce?
Many people mistakenly believe that once their divorce is finalised, all financial ties between them and their former spouse automatically come to an end. In reality, this is not the case.
A Final Order (previously known as a Decree Absolute) legally ends the marriage, but it does not automatically dismiss the financial claims that spouses have against one another. Unless those claims are formally resolved by a court order, they can continue long after the divorce has been finalised.
Financial Claims Continue After Divorce
Under the law of England and Wales, spouses retain the ability to make financial claims against one another even after they have divorced, save for in limited circumstances.
This means that a former spouse may still be able to apply to the court for financial relief years after the marriage has ended if there is no court order dealing with finances. Such applications can be costly, time-consuming and stressful to defend, even where the claim ultimately has little prospect of success.
A Financial Consent Order approved by the court provides certainty and finality by formally recording the financial agreement reached between the parties.
The Remarriage Trap
One important exception to the continuing ability to bring financial claims is known as the “remarriage trap”.
Where a divorced person remarries before making an application to the court for financial relief, they may lose their right to apply for certain financial orders against their former spouse.
However, the remarriage trap does not prevent the former spouse from bringing claims against them. This can create a significant imbalance and potentially leave one party exposed to claims whilst having lost the ability to pursue their own.
The remarriage trap should therefore never be relied upon as a substitute for properly resolving financial matters following a divorce.
Claims Can Be Made Many Years Later
In the absence of a Financial Consent Order containing a clean break provision, a former spouse may be able to make a financial claim at any time after the divorce, provided they have not lost the right to do so through remarriage or another limited exception.
There have been well-publicised cases where financial claims have been brought many years after a divorce was finalised. Whilst delay is one of the factors that the court may consider, the passage of time alone does not necessarily prevent a claim from being pursued.
What Orders Can the Court Make?
If a financial application is issued, the court has wide-ranging powers and can make a variety of financial orders, including:
The court will consider all of the circumstances of the case when determining what, if any, financial provision should be made.
What About Assets Acquired After Separation?
Generally speaking, the court is less likely to interfere with assets or wealth that have been built up by one party after separation, particularly where there has been a lengthy period between separation and the claim.
However, every case turns on its own facts. Even where a claim may ultimately be unsuccessful, responding to court proceedings can involve significant legal costs, considerable time and unnecessary stress.
For that reason, it is often far preferable to resolve financial matters properly at the time of divorce rather than leave the possibility of future claims hanging over both parties.
The Importance of a Clean Break Order
A Financial Consent Order should, wherever appropriate, include a clean break provision.
A clean break order is designed to sever the financial ties between former spouses and prevent either party from bringing future financial claims against the other. It provides certainty, finality and peace of mind that financial matters have been conclusively resolved.
Without a clean break order, former spouses may remain financially connected long after their marriage has ended, leaving open the possibility of future applications to the court.
Conclusion
Divorce alone does not bring financial claims to an end. Unless financial matters are dealt with through a court-approved Financial Consent Order, claims between former spouses can continue long after the marriage has ended.
A properly drafted Financial Consent Order, including a clean break provision where appropriate, can protect both parties from future claims, provide certainty about their financial position and avoid the cost and stress of potential litigation in the future.
If you are divorcing and have reached an agreement regarding finances, obtaining a Financial Consent Order is usually the best way to ensure that the agreement is legally binding and that future financial claims are brought to an end.
Note: this article is drafted for general information only and is not a substitute for specialist legal advice.
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