Financial order after divorce

Why claims stay open

Financial claims arising from a marriage are only brought to an end by a court order, not by the divorce itself. That means an ex-spouse can, in principle, apply years later, although long delay and changes since the divorce affect what a court would do.

The remarriage trap

If you remarry without having applied for a financial order, you may be barred from making an application for certain orders against your former spouse. This catches people out, so it is worth dealing with finances before a new marriage.

The usual order of events

• Divorce application issued by HMCTS
• Conditional order after 20 weeks, once the court is satisfied
• Financial agreement reached, and a consent order applied for where appropriate
• Final order at least 6 weeks and 1 day after the conditional order, ending the marriage

Two separate processes

It helps to keep two things apart. Ending your marriage is a court process that follows a fixed timetable and does not look at your finances. Sorting your finances is about who keeps what: the home, savings, pensions and debts. You can run them side by side, but one does not automatically decide the other.

• Ending your marriage: the divorce application, conditional order and final order
• Sorting your finances: an agreement between you, and usually a financial court order to make it binding
• CalmSplit's £159 fee covers the divorce itself, not a financial settlement

When to get advice

Consider independent legal or financial advice where there are pensions of real value, a business, complex property, significant debts, or where you are unsure whether what you have agreed is reasonable. CalmSplit can refer you to an independent solicitor. That does not change your £159 CalmSplit fee, and we do not take a fee for the referral.