Many people assume that once their divorce is finalised, their financial ties to their ex-spouse are automatically cut. In reality, that isn’t the case, and the consequences of leaving finances unresolved can surface years, or even decades, later.
This guide explains why a Final Order (formerly known as a Decree Absolute) doesn’t end financial claims, what the law in England and Wales says about time limits, and how to protect yourself properly.
Does divorce automatically end financial claims?
The short answer is no. Obtaining a Final Order legally dissolves your marriage, but it does not extinguish financial claims between you and your former spouse.
Under the Matrimonial Causes Act 1973, both parties to a marriage retain the right to make financial claims against each other following divorce. The only way to bring those claims to an end is through a financial order approved by the family court: a formal, legally binding document that sets out how assets, income, and pensions are divided.
Until a financial order is in place, your financial lives remain legally connected, regardless of how long ago you separated or divorced.
Is there a time limit for financial claims after divorce?
There is no statutory limitation period for financial claims arising from divorce in England and Wales. Claims can technically remain open indefinitely, until they are dismissed by a court order.
That said, delay does carry practical risks. The longer the gap since divorce, the more complex it can be to reconstruct financial history, gather evidence, and demonstrate need or entitlement. Courts will take the passage of time into account when deciding what, if anything, to award.
There is one event that can cut off your own right to claim, however: remarriage. We explain this in more detail below.
What happens if you divorce without a financial settlement?
Divorcing without a financial settlement leaves both parties exposed. Without a financial order, your ex-spouse can potentially make claims against:
- Your income and savings
- Property you own, including any you acquire after divorce
- Your pension
- A business you own or grow
- An inheritance you receive
- A lottery win or other windfall
This applies whether the divorce was amicable, whether you divided assets informally at the time, or whether years have passed since the relationship ended. An informal arrangement (even one both of you agreed to) has no legal force. Only a court-approved financial order achieves genuine finality.
If you’re unsure how a financial order works in practice, our guide to What is a Financial Consent Order? covers the process in detail, including Form A, Form D81, and the court fee.
Can my ex-spouse make a financial claim years after divorce?
Yes, and this isn’t just a theoretical risk. The Supreme Court case of Wyatt v Vince [2015] UKSC 14 is one of the most striking illustrations of why leaving finances unresolved is so dangerous.
Ms Wyatt and Mr Vince divorced in the 1980s. At the time, neither had significant assets, and no financial order was ever made. Decades later, Mr Vince founded a wind energy company and became a multi-millionaire. Ms Wyatt applied for a financial order. The Supreme Court ruled that she was entitled to pursue her claim – because no previous order had ever dismissed it.
The case confirmed that there is no automatic time bar. Where no financial order exists, a claim can be brought however many years have passed. The court has discretion over the amount, but it cannot refuse to hear the claim simply because of how long ago the divorce took place.
The remarriage trap: how remarrying can cost you a claim
One important exception to the “no time limit” principle is the remarriage trap.
If you remarry before you’ve applied to the court for a financial order, you’ll generally lose the right to make most financial claims against your former spouse. This applies even if you were unaware of the rule at the time. The bar on making claims applies to capital claims (such as property and lump sums) and pension claims arising from the first marriage.
Critically, however, the remarriage trap only applies to the person who has remarried. If your ex-spouse remarries but you haven’t yet applied for a financial order, they can still make financial claims against you, unless your own claims have been dismissed by a court order.
This means that even if you have no intention of claiming anything from your ex, you may still want a financial order to protect yourself from their potential future claims.
Can my ex claim my pension, inheritance or new partner’s money?
These are some of the most common questions we hear from clients, and the answers can be surprising.
Pensions: Yes, a former spouse can claim against your pension years after divorce if no financial order was made at the time. A pension sharing order or pension attachment order can be sought as part of financial proceedings, regardless of how much time has passed. Our guide to Pension Sharing on Divorce explains how pension claims work in practice.
Inheritance: If you receive an inheritance after your divorce and no financial order is in place, that inheritance could form part of the asset pool in any future financial claim. The courts will consider all of your current resources when assessing what is fair.
Your new partner’s money: In most circumstances, your new partner’s assets aren’t directly claimable. However, if your new partner’s income or assets reduce your own financial needs, this can affect what a court orders your ex to pay (or what you’re entitled to claim). Courts look at the overall financial picture.
Inheritance Act claims and what happens on death
Without a clean break order (the version of a financial order that dismisses all future claims), a former spouse who hasn’t remarried may be able to bring a claim against your estate after you die.
Under the Inheritance (Provision for Family and Dependants) Act 1975, a former spouse can apply to the court for reasonable financial provision from your estate, provided their claims haven’t been formally dismissed, and they haven’t remarried.
A properly drafted financial order with appropriate dismissal clauses closes off this exposure and protects your estate for the benefit of those you actually want to inherit.
Credit, debt and bankruptcy exposure to an ex-spouse
The financial entanglement created by marriage doesn’t end with divorce alone. Joint debts, joint bank accounts, and mortgages in both names all persist until they’re formally dealt with.
If your ex-spouse becomes insolvent or bankrupt, creditors may pursue joint debts or jointly held assets, potentially including a property you still co-own. Equally, if your ex defaults on a joint mortgage, your credit rating can be affected even if you’ve had nothing to do with the property for years.
A financial order that deals with joint assets and liabilities, alongside a clean break, gives you the separation you actually need.
What is a financial order and why do you need one?
A financial order is a court-approved document setting out how matrimonial finances are to be divided. It’s the only instrument that creates legally binding certainty between divorcing or divorced parties.
A clean break order is a specific type of financial order that dismisses all future financial claims between the parties, such as income claims, capital claims, pension claims, and more. Once a clean break order is sealed by the court, neither party can make further claims against the other (subject to the narrow exceptions around children).
Even where there are no significant assets, a clean break order is worth obtaining. It protects you from future claims if either party’s circumstances change.
For a full explanation of the process, visit our guide to What is a Financial Consent Order? and our page on What is a Clean Break Order?
Can financial claims be made after the Final Order of divorce?
Yes. The Final Order (which replaced the decree absolute under the Divorce, Dissolution and Separation Act 2020) legally dissolves the marriage – but it says nothing about financial matters. Claims can be made after the Final Order unless a separate financial order has specifically dismissed them.
The Gov.uk guide to money and property when you divorce or separate sets out the basic framework, but individual circumstances vary considerably, which is why tailored legal advice matters.
We’d strongly encourage you to resolve financial matters before, or at least alongside, your divorce rather than leaving them until later.
How to protect yourself from future financial claims
The most important step you can take is to obtain a financial order (ideally a clean break order) as soon as possible. Here’s a practical summary:
- Don’t wait until after you remarry. The remarriage trap can bar your ability to claim, even if you’ve received nothing.
- Don’t rely on informal agreements. Verbal arrangements and written “side deals” between spouses have no legal force.
- Provide full and frank financial disclosure. Any order made on the basis of incomplete information can be set aside later.
- Get a financial order even if you have no assets. It protects you from future claims if either party later acquires income, property, a pension or a windfall.
- Take early legal advice. The longer finances go unresolved, the more complicated (and potentially expensive) sorting them out becomes.
Our guides to How Are Assets Split in a Divorce? and What is Form E? provide more detail on disclosure and how the courts approach division.
How Devonalds Solicitors can help
Our family law team has helped individuals across South Wales and beyond navigate financial settlements, clean break orders, and contested financial proceedings. Whether your divorce was recent or finalised years ago, we can assess your position, explain your options, and help you achieve the financial certainty you need.
We offer a free initial discussion, so you can understand where you stand before committing to any course of action.
Visit our financial settlements page to find out more, or contact our team today to book your free initial discussion.
Devonalds Solicitors: offices in Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy and Pontypridd.
Call us on 01443 779050 or use our online contact form.