Financial Order Divorce: Do I Need One When Divorcing?
January 6th 2025
We know that going through the divorce process is challenging, not just emotionally but also financially.
Learning that divorce and finances are separate legal procedures can add additional stress to your situation.
This comprehensive guide will walk you through everything you need to know about securing a Financial Order after divorce in the UK.
What is a Financial Order in Divorce UK?
A financial order is a legal document issued by the family court that formalises how financial matters are resolved following a divorce, including the division of financial assets, arrangements for children, and maintenance payments.
By applying to the court for a financial order, you’re taking the essential step to protect the agreement you’ve worked hard to reach. Without a court-approved order, your ex-partner could make future claims on assets like your savings, property, or future income.
A financial order gives you the legal certainty and peace of mind that everything has been resolved, allowing you to move forward without worrying about unexpected future disputes.
Do I need a Financial Order when divorcing?
Yes, in the UK, if you are getting a divorce or ending a civil partnership, it’s important to consider a financial order.
Without a financial order, any financial agreement you reach with your ex-partner is not legally enforceable.
It protects both parties from future financial claims.
Without it, your ex-partner could claim against your finances in the future, even years after the divorce, potentially impacting any new assets or wealth you have accumulated since the divorce.
It clearly outlines the financial arrangements, so both parties know what they are entitled to and responsible for. This helps to prevent future disputes and misunderstandings.
Ultimately, a financial order provides certainty and closure.
Divorce and finances are separate legal procedures. A financial order is not automatically granted upon divorce. Regardless of whether you have no assets to divide or significant wealth, the same law applies.
The court process begins with filing a claim in the family court. You’ll need to provide details of your finances, including bank accounts, investments, and any other relevant assets.
This step requires full disclosure, meaning you must share copies of financial documents and evidence of ownership or value. Paying the required court fee of £58 is also part of the initial filing.
Common Questions People Ask…
Why do I need a financial order if we’ve already agreed on everything?
It’s fantastic that you and your ex-partner have reached an agreement—that’s often the hardest part of this process.
However, until your agreement is formalised into a court-approved financial order, it isn’t legally binding. This means that either of you could potentially go back on the agreement in the future or make new financial claims against the other.
For example, if one of you inherits money, starts a business, or receives a pay rise years down the line, the other could have a right to claim a share.
In my experience, even couples who are amicable and trust each other can face challenges as life moves on.
I’ve seen situations where one partner agreed verbally or informally to walk away without making claims, but years later, circumstances changed, and they decided to revisit the arrangement.
Without a financial order, there’s no legal protection to stop that from happening.
I know it can feel unnecessary when things seem resolved, but taking this step ensures that what you’ve agreed now stays enforceable in the future, giving you both the security to move forward confidently.
Call us now and speak with our friendly team for quick and reliable answers. You may be surprised by how easy and affordable it is.
What happens if the court rejects our financial order? Can they change our agreement?
If the court rejects your financial order, it doesn’t mean your agreement is entirely invalid.
The family court can make a financial order only if it believes the agreement is fair, meets the needs of any children, and complies with the law. In most cases, the court provides feedback on what needs to change, giving you the opportunity to revise and resubmit the order.
Rejections, while frustrating, are often a guide to improving your agreement. It’s important to understand that the judge isn’t trying to rewrite your agreement—they’re ensuring it’s fair and legally sound.
For example, the court might flag issues if one party’s housing needs aren’t fully addressed, prompting small adjustments rather than major changes.
In my experience, these revisions are typically straightforward, and once the necessary adjustments are made, the court approves the revised order quickly.
I understand this part of the process can feel overwhelming, especially if you’re unsure about what happens when you apply to the court for a financial order.
Having professional guidance can make all the difference in getting things right the first time, helping you avoid unnecessary delays and ensuring your agreement meets the court’s requirements.
With assistance from a family law solicitor, you can confidently move forward knowing your financial arrangements are secure and legally binding.
Can the Judge reject our agreed consent order? Find out how common it is for consent orders to be rejected by a Judge.
How long does it take for the court to approve a financial order?
The timeline for court approval depends on the complexity of your case and how busy the courts are, but generally, it takes 6 to 8 weeks for a financial order to be reviewed and approved. This includes the time needed to apply, process it at the court, and have a judge review the details of your agreement.
In my experience, straightforward cases with clear agreements and complete paperwork can sometimes be approved more quickly. However, I know how frustrating it can be when delays occur.
I always recommend double-checking every detail before submission. If you’re worried about timescales, remember that this wait ensures your agreement is legally binding and protects you in the long run—it’s worth the short-term patience.
Local solicitors have a reputation for being inefficient. We’re different, we offer a simpler approach that is typically quicker than high-street solicitors. Learn more about our Clean Break Consent Order Service for £499.
Why is it better to get a financial order than risk leaving future claims open?
Obtaining a financial order is the only way to ensure that neither you nor your ex-partner can make financial claims against each other in the future.
Without one, getting divorced doesn’t automatically end your financial commitments. Even years after the divorce, either party could apply to the court to seek a share of any new assets, such as property, pensions, or inheritance.
Leaving claims open can feel like a ticking time bomb, creating uncertainty and stress.
Many people believe this won’t happen to them, but I’ve seen cases where clients faced unexpected claims years after their divorce. For instance, one client built a successful business post-divorce, assuming their ex couldn’t claim a share.
Years later, they were shocked to find themselves in court, facing a costly legal dispute that could have been avoided with a clean break order. These situations can be financially and emotionally draining, even when they could have been prevented.
The family court can make a financial order that formally ends financial commitments, giving both parties peace of mind and the freedom to move forward.
Taking this step is an affordable and effective way to protect your financial future and ensure that what’s yours remains yours.
While it’s tempting to think, “It won’t happen to me,” life has a way of throwing unexpected challenges your way. A financial order gives you certainty, allowing you to move on with confidence.
Don’t run the risk of future claims; move on with your new life with confidence. Find out more about Financial Consent Order Service for £499.
How Do We Turn Our Agreement Into a Legally Binding Financial Order?
If you and your ex-partner have reached an agreement on how to divide your finances, property, maintenance, and even arrangements for your children, the next step is to formalise this agreement into a legally binding financial order. This ensures that the court approves your agreement, making it enforceable and preventing future claims.
There are two main ways to apply for a financial order:
- Using an Online Service:
This is the easiest, most affordable, and least stressful option. Online services like Divorce-Online provide a solicitor-drafted financial order and guide you through the process from start to finish. - Using a High-Street Solicitor:
While this route is effective, it tends to be more expensive and time-consuming. You’ll meet with solicitors in person, who will draft the order and manage the submission process.
How To Apply For a Financial Order Online
If you decide to use Divorce-Online to secure your financial consent order, here’s the simple process to apply online:
- Visit Divorce-Online
Go to our website and review our Financial Consent Order Service for £499. This service is designed to help couples who’ve already reached an agreement formalise it with minimal hassle. - Purchase the Service
Once you’re happy with the details of the service, purchase it online to get started. - Complete an Online Questionnaire
Fill out a comprehensive questionnaire that details your financial agreement. This includes information about income, debts, savings, property, pension values, and any maintenance arrangements.- Both you and your ex-partner will need to provide this information.
- Options for completing the form: You can complete it together or separately—whatever works best for your situation.
- Solicitor Drafts the Financial Order
A Family Law Solicitor will use the information you’ve provided to draft your financial consent order. This ensures it meets the court’s requirements and protects both parties’ interests. - Review and Sign
Both parties will have the opportunity to review the draft document. Once you’re satisfied, you’ll need to sign the agreement. - Receive Court Submission Instructions
Divorce-Online provides clear instructions and ongoing support to help you submit the financial order to the court. This includes guidance on filling out the required court forms and paying the court fee (currently £53). - Wait for Approval
Once submitted, the court will review your financial order. If everything is in order, the judge will approve it, making your agreement legally binding.
What are the types of financial orders?
In the realm of financial matters, which run alongside divorce or dissolution, various financial orders can be issued to manage the division and settlement of marital assets.
Types of Financial Orders…
1. Consent Order
A Consent Order is a legally binding document that records the financial arrangements agreed upon by both parties following a divorce or dissolution. It is issued by the court after both parties have provided full financial disclosure and reached an amicable agreement.
A Consent Order typically includes provisions for the division of property, lump sum payments, spousal maintenance, and pensions.
Once approved, it ensures that the terms are legally enforceable and protects both parties from future financial claims. A Consent Order is essential for formalising an agreement and achieving financial finality.
2. Clean Break Order
A Clean Break Order is a specific type of financial order that eliminates all ongoing financial ties between former spouses or civil partners. This means neither party can make any future financial claims against the other.
It is often sought where both parties are financially independent, or where a lump sum payment or property transfer resolves the financial settlement in full.
While a Clean Break Order severs financial ties between the parties, it does not affect the obligation to pay child maintenance, which is dealt with separately. Clean breaks are favoured in cases where a complete financial separation is desired, allowing both parties to move on independently.
3. Pension Sharing Order
A Pension Sharing Order deals with the division of pensions between divorcing parties. Pensions are often among the most valuable assets in a marriage and can be divided to provide both parties with future financial security.
The court may order a portion of one party’s pension to be transferred into a pension fund for the other party.
This ensures both parties have independent retirement provisions. Pension sharing requires careful assessment of the pension’s value and its impact on the overall financial settlement, often involving specialist advice.
4. Lump Sum Order
A Lump Sum Order is a court directive requiring one party to pay a fixed sum of money to the other.
This may be used to balance the division of assets, settle outstanding debts, or allow one party to retain a significant asset, such as the family home.
Lump sums are often preferred when parties wish to avoid ongoing financial ties, providing a clean and enforceable resolution.
The amount and purpose of the lump sum are tailored to the individual circumstances of the case and approved by the court to ensure fairness.
5. Property Adjustment Order
A Property Adjustment Order dictates how property assets, including the family home, are dealt with as part of the financial settlement.
The court may order the transfer of a property from one party to the other, the sale of a property with proceeds divided, or specific arrangements, such as deferred sales, to meet the needs of both parties.
These orders are particularly important where housing arrangements for children or the financially weaker party need to be prioritised. The court’s decision will reflect the financial circumstances, contributions, and future needs of each party.
6. Spousal Maintenance Order
A Maintenance Order provides for ongoing financial support from one party to the other following a divorce or dissolution. Spousal maintenance is typically awarded where there is a significant disparity in income or earning capacity between the parties.
The court determines the amount and duration of payments based on the recipient’s needs and the payer’s ability to pay.
Child maintenance may also be included if agreed upon, although it is usually calculated separately through the Child Maintenance Service.
Maintenance Orders can be varied in the future if circumstances change, ensuring they remain fair and proportionate over time.
Online Consent Order Service For £499
If you have a formal agreement in place with your ex-partner and wish to formalise it into a legally binding court order without spending thousands, our online service is ideal for you.
How Much Does a Financial Order Cost?
The cost of a financial order in the UK typically ranges from £500 to £2,000, depending on factors such as the complexity of your financial arrangements and whether you use an online service or a solicitor.
In addition, there is a standard £53 court fee for submitting your order. If the financial arrangements are disputed and require a court hearing, costs can escalate significantly, often exceeding £20,000–£50,000.
Factors that affect the cost include whether you and your ex-partner have reached an agreement, the need for legal advice or mediation, and the inclusion of complex assets like pensions or property portfolios.
Keeping the process collaborative and avoiding court can help you save money, as financial remedy applications often involve lengthy and expensive disputes.
Our online consent order service costs £499. It’s a fixed fee and covers both parties.
| Category | Cost |
|---|---|
| Fee for a Solicitor to draft a Financial Order | £499 – £3,000 |
| Fee for Financial Order Applications (by consent) | £58 |
| Fee for Financial Order Applications (other than by consent) | £275 |
When Should I Apply For a Financial Order?
In most cases, it is recommended to apply for a financial order after the Conditional Order (previously ‘Decree Nisi’) has been granted.
This is because the conditional order sets out the terms of the divorce, including the date when the marriage will end. Once this has been established, it is easier to determine the financial arrangements that need to be made.
However, it’s important to note that a financial order cannot be made by a Judge until the final order (previously ‘decree absolute’) is granted.
Seeking legal advice is important to ensure the application is made at the appropriate time.
You can, of course, get a divorce without making your divorce settlement legally binding, however, there are dangers to doing that.
In summary, it is typically best to apply for a financial order after the conditional order has been granted but before the final order is made.
Delaying the application can in some cases have serious consequences.
What does the court take into account when it decides on a financial order?
Before we look at the individual factors a judge will consider when deciding on a financial order, it’s important to stress the importance of knowing your divorce entitlements.
In most cases, a short legal advice call with a family law solicitor can provide you with the assurances and knowledge you need to reach a fair financial agreement.
When making financial orders in divorce proceedings, the court considers a range of factors, including:
- the income,
- the earning capacity,
- the property,
- and other financial resources of both parties.
As well as the financial needs, obligations, and responsibilities of both parties. This includes any financial obligations to children, as well as any debts or other financial responsibilities.
The court will also consider:
- the age of each party,
- the duration of the marriage,
- and the contributions made by each party to the welfare of the family.
This includes both financial and non-financial contributions, such as caring for children or maintaining the family home.
Both parties are required to provide open and honest financial disclosure to ensure a Judge has the full picture of the marital assets before making a decision.
This is usually done by completing Form E – a detailed document the court will require to establish the facts of your situation.
Ultimately, the court will look at all aspects of life and use Form E as an assessment to ensure that a fair settlement is reached.
If you’re at an early stage of negotiations, it’s useful to look at typical UK divorce settlements for inspiration on how financial settlements can look as not everything is always 50/50.
Financial Order or Clean Break Order – What’s The Difference?
A clean break order is a specific type of financial order that brings all financial ties between the parties to an end.
Once a clean break settlement is made and implemented by the court, parties will have no financial ties and they’ll be protected from future financial claims.
A clean break order is often desirable as it provides certainty and finality for both parties. However, it is important to note that not all divorces will be suitable for a clean break.
For example, if one party is financially dependent on the other, a clean break order may not be appropriate as it could leave the dependent party in financial hardship.
In these cases, a financial order that includes provisions for ongoing spousal maintenance may be more appropriate.
Unlike a clean break where parties have financial independence, a financial consent order outlines what happens to the matrimonial assets and debts after divorce. It can also, in some cases, include assets that are acquired by one spouse before marriage, such as inherited property or businesses they own.
Find out which court order is suitable for your circumstances by comparing clean break orders vs financial orders.
How to get a financial order after divorce
It’s essential to understand the process, seek legal advice, and consider mediation to reach an amicable financial settlement with your ex-spouse whenever possible.
By doing so, you can navigate the complexities of divorce with greater confidence and clarity regarding your financial well-being.
During the court proceedings, you might need to attend multiple hearings where you will present evidence and answer questions about your financial situation.
It’s essential to have all your documents, including copies of bank statements, property deeds, and investment portfolios, to provide a complete picture.
Having experienced solicitors or lawyers can significantly help navigate the complexities of financial orders. They can provide help with preparing your case, ensuring full disclosure, and representing your interests in court.
An initial appointment with a solicitor can offer valuable guidance on your legal position and the best way to proceed.
If you are ready to take the next steps and put your formal agreement into a legally binding court order for one low-cost fee, get in touch with our team by calling 01793 384 029 or viewing our online service below.
Solicitor Drafted Consent Order Agreement – £499
If you have a formal agreement in place with your ex-partner and wish to formalise it into a legally binding court order without spending thousands, our online services are ideal for you.