Divorce or dissolution of a civil partnership is a complex process that involves not only the dissolution of a marriage or civil partnership but also the division of finances and property. One crucial aspect of this process is obtaining a financial order. But do you really need one?

The importance of a financial order is crucial and we will cover its benefits, and why it might be essential for your divorce or dissolution proceedings.

What is a financial order?

A financial order is a legal document sealed by the court that formalises the financial arrangements between divorcing spouses or partners dissolving their civil partnership. This order can cover various financial matters, including the division of property, spousal maintenance, child support, and the distribution of assets and liabilities. It ensures that all financial aspects of the divorce or dissolution are settled in a legally binding manner.

Joanna Farrands

Joanna Farrands

Partner | Family

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Do you need a financial order in divorce or dissolution?

Even if you and your partner think you have no substantial assets to divide, it is still wise to obtain a financial order.

Do divorces or dissolutions on good terms need a financial order?

Even in amicable divorces or dissolution, obtaining a financial order is required. While mutual agreements may seem sufficient, a financial order ensures that these agreements are legally binding and enforceable. It provides long-term security and prevents future disputes or claims, protecting both parties and ensuring a clear, structured financial settlement.

Without a financial order, informal agreements lack legal standing, potentially leading to complications down the line. Thus, securing a financial order, even when on good terms, is a prudent step to ensure lasting financial clarity and protection.

The importance of a financial order

Legal protection and enforceability

One of the primary reasons for obtaining a financial order is to ensure that the financial agreement reached during the divorce or dissolution is legally binding and enforceable. Without a financial order, any informal agreements between you and your ex-partner may not be legally recognised, leaving you vulnerable to future disputes and financial insecurity.

Preventing future claims

A financial order provides finality and certainty in your financial arrangements. Without it, either party can potentially make future financial claims against the other, even years after the divorce or dissolution is finalised. This can lead to ongoing uncertainty and the possibility of unexpected financial demands. A financial order prevents such claims, offering peace of mind and financial stability.

Fair and equitable division

The process of obtaining a financial order involves a thorough examination of both parties’ financial situations. This ensures that the division of assets, liabilities, and any ongoing financial responsibilities are fair and equitable. The court considers various factors, such as the length of the marriage or civil partnership, the needs of each party, and their contributions, to arrive at a fair settlement.

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When is a financial order necessary?

Property division

If you own property jointly with your ex-partner, a financial order is essential to determine how the property will be divided. This includes deciding whether the property will be sold and the proceeds divided, or if one party will retain the property and compensate the other.

Spousal maintenance

In cases where one partner is financially dependent on the other, a financial order can establish spousal maintenance arrangements. This ensures that the financially weaker party receives adequate support to maintain their standard of living after the divorce or dissolution.

Pension sharing

Dividing pensions can be complex, and a financial order is often necessary to ensure that both parties receive a fair share of pension benefits. This can involve pension sharing orders or considerations as to offsetting depending on the specific circumstances.

The role of solicitors in obtaining a financial order

While it is possible to reach a financial agreement without legal assistance, working with a solicitor is highly recommended. Solicitors provide expert guidance, ensuring that the financial order is comprehensive, legally sound, and protects your interests. They can help negotiate and draft the financial order and ensure that all legal requirements are met.

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How to obtain a financial order

Reaching an agreement

The first step in obtaining a financial order is to reach an agreement with your ex-partner regarding the division of finances and property. This can be achieved through negotiation, mediation, or collaborative law. Once an agreement is reached, it should be formalised in a consent order.

Applying to the court

To make the financial order legally binding, you need to apply to the court. This involves completing the necessary forms, such as Form A (the application for a financial order) and Form D81 (statement of information) and paying the court fee. The court will review the agreement to ensure it is fair and reasonable before approving it.

Court approval

Once the court approves the financial order, it becomes legally binding. Both parties must adhere to the terms of the order. If either party fails to comply, legal action can be taken to enforce the order.

Obtaining a financial order is a crucial step in the divorce or dissolution process, providing legal protection, preventing future claims, and ensuring a fair division of assets and responsibilities. While it is possible to reach an agreement without a financial order, having one offers certainty and security for both parties.

At Moore Barlow, we are committed to guiding you through this process, providing expert advice and support to help you achieve a secure and equitable financial settlement.

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Helping you through a divorce or separation

Our legal team provides expert advice and representation for couples during the key relationship milestones, helping you navigate the complexities.

Find out more

Frequently asked questions

Can you divorce without a financial order?

Yes, you can finalise a divorce or dissolve a civil partnership without a financial order. However, without one, informal agreements may not be legally binding, leaving you vulnerable to future financial claims and disputes from your ex-partner.

Yes, a financial statement is typically required for divorce or dissolution. It provides a comprehensive overview of both parties’ financial situations, ensuring that all assets, liabilities, and income are disclosed for a fair division during the divorce or dissolution proceedings.

Yes, you can draft your own financial consent order. However, it is advisable to have it reviewed by a solicitor to ensure it meets legal standards, accurately reflects the agreement, and provides adequate protection for both parties.

Yes, you can obtain a financial agreement before divorce or dissolution. This is known as a separation agreement, outlining how assets, liabilities, and finances will be handled, providing clarity and protection for both parties before the divorce or dissolution is finalised.


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