The legal end of a marriage does not automatically resolve financial matters. Even after a final order is granted, you and your ex partner may still have financial ties unless these are formally dealt with by the court.

A financial order sets out how money, property and other assets will be divided after divorce or the dissolution of a civil partnership. Once approved by the court, it becomes legally binding and enforceable, giving both parties clarity about what has been agreed and what must happen next.

Without a financial order, an informal agreement may not protect you in the long term. Your ex partner could still be able to make a financial claim years after the divorce process has finished, even if you both believed matters had been settled.

Here, the family law solicitors at Switalskis explain what a financial order does, when a consent order may be suitable and how legal advice can make the court process clearer and less stressful.

What can a financial order cover?

A financial order can deal with the practical arrangements that need to be resolved when a marriage or civil partnership ends. This may include immediate decisions, such as what happens to the family home, as well as longer-term issues, such as pension sharing or whether one person should pay maintenance.

A financial order can record what will happen to:

• The family home, including whether it will be sold or transferred
• Savings, bank accounts and building society accounts
• Investment properties
• Business assets including shares in companies and partnerships
• Pensions and pension sharing
• Lump sum payments
• Spousal maintenance and other periodical payments
• Child maintenance in some circumstances
• Debts and other financial responsibilities
• Personal belongings and other money
• Whether there should be a clean break

The contents of the order depend on what needs to be resolved. Some couples agree to the terms voluntarily and ask the court to approve them through a consent order. A consent order is a type of financial order used when both people have reached an agreement about money, property and other assets. Once approved by the court, it makes that agreement legally binding, often without the need for a court hearing.

If agreement is not possible and mediation has been unsuccessful, either person can apply for a financial order and the court can decide what should happen.

A financial order is not made automatically when your marriage or civil partnership ends. If you have assets or ongoing financial responsibilities to resolve, it is the safest way to make arrangements final. The court will only approve or make an order if it considers the outcome fair, taking into account your family’s needs, resources and overall circumstances.

When is a consent order suitable?

A consent order is usually suitable when you and your ex partner agree on the financial settlement, either directly, or through non-court dispute resolution. Your solicitor can draft the order, submit it to the court with supporting financial information and explain why the agreement is considered to be fair.

If the court approves the consent order, it becomes legally binding. In most agreed cases, there is no need for court hearings.

If you cannot reach agreement, either person can apply for a financial order through financial remedy proceedings . The court will then manage the dispute, set deadlines for evidence and disclosure, and make a decision at a final hearing if agreement still cannot be reached.

What can a financial order include?

Every financial order is different because every divorce is different. The order should reflect the financial situation of both parties, and the needs of any children. A financial order may include:

• A clean break: this ends financial ties between you and your ex partner. This means neither party can make further financial claims against the other in the future. A clean break is often suitable where both people can meet their own needs without ongoing financial support.
• Spousal maintenance: may be ordered where one person needs financial support from the other after divorce. This is usually for a fixed period, but in some cases, payments can continue for longer, depending on factors such as age, health, earning capacity and the length of the marriage. The court will look at whether one person needs support and whether the other can afford to pay maintenance.
• Lump sum payments: these require one person to pay a fixed amount to the other. This may be paid all at once or in instalments. A lump sum can help one party rehouse, meet immediate needs or balance the financial settlement.
• Property adjustment: this could transfer property from one person to the other, postpone sale of the family home or set out how the property should be sold and divided.
• Pension sharing: a pension sharing order divides pension rights so that both parties have fair retirement provision. This is a technical area, and requires specialist legal and financial advice before making decisions in this area.
• Periodical payments: periodical payments are regular payments made by one party to the other. These may be used for spousal maintenance and can continue until a fixed date, remarriage, death or another specified event.
• Child maintenance and children’s needs: although child maintenance is usually dealt with through the Child Maintenance Service, the court will still consider the needs of children when deciding financial matters. Children’s welfare is the first consideration in many financial decisions, especially where housing and day-to-day care are involved.

Because a financial order can cover several different types of arrangement, it is important to understand what each option means before agreeing to anything. Some financial orders are made by consent, where both people voluntarily agree to the terms and ask the court to approve them. Others are made after financial remedy proceedings, where the court decides what should happen because agreement has not been reached.

At Switalskis, our solicitors can explain which route applies to your circumstances, whether the proposed terms are fair, and what the long-term effects could be. We can also draft the order clearly, deal with the court process and make sure your financial settlement gives you as much certainty and protection as possible.

Can my ex partner refuse a financial order?

An ex partner can refuse to agree to proposed terms, but they cannot stop you from asking the court to resolve financial matters.

If you both agree, a consent order can be drafted and sent to the court for approval. If your ex partner will not engage, provide financial information or negotiate, either person can apply for a financial order through the court.

The court can then set deadlines, require disclosure and move the case towards a financial dispute resolution appointment or final hearing if agreement still cannot be reached.

If there are concerns about domestic abuse, intimidation or pressure, legal advice is especially important. A solicitor will help you understand whether mediation is appropriate and protect your interests throughout the process.

What money cannot be touched in a divorce?

The court looks at the full amount of financial resources available to both parties, including property, pensions, income, savings, investments and business interests. As such, there are very few assets that would be considered off-limits.

However, not all assets are treated in the same way. Assets owned before the marriage, inherited money or gifts may sometimes be considered separately from the matrimonial assets built up during the relationship. Whether they are shared will depend on the circumstances, including how they were used and whether they are needed to meet either person’s housing or income needs.

Legal advice is especially important here because the treatment of these assets depends on the facts. A solicitor will explain how the court is likely to view inherited money, business interests, trusts, overseas property or assets acquired before the relationship, and make sure they are dealt with fairly as part of the financial settlement.

How can a solicitor help with a financial order and court proceedings?

At Switalskis, our solicitors will make sure you fully understand your options and avoid mistakes that could affect your financial future. We will also manage communication on your behalf, which can be especially valuable if discussions with your ex partner are difficult or court proceedings are needed.

At Switalskis, our divorce solicitors can help by:

• Explaining what a financial order can include
• Advising on whether a clean break is realistic
• Preparing or reviewing financial disclosure
• Negotiating with your ex partner or their legal representatives
• Drafting a consent order where agreement has been reached
• Advising during mediation or non court dispute resolution
• Representing you in financial remedy proceedings
• Preparing you for the first appointment, any financial dispute resolution appointments and the final hearing
• Protecting your position where there are concerns about domestic abuse or pressure
• Explaining likely legal costs and court fee options

With the right legal advice, you can approach the process with a clearer understanding of what is fair, and what steps will give your financial settlement the best chance of offering lasting certainty.

Speak to Switalskis about financial orders after divorce

A financial order is one of the most important parts of resolving money and property issues after divorce. It can make your financial settlement legally binding, protect you from future claims and give you the certainty you need to move on.

Whether you have reached an agreement with your ex partner, need help with a consent order, or are involved in contested financial remedy proceedings, Switalskis can help. Our family law solicitors will explain your options clearly, advocate for your interests and guide you through each stage of the process.

For advice on financial orders, divorce proceedings or reaching a fair financial settlement, contact Switalskis today. Call 0800 138 0458 or get in touch through the form on our website .