Protecting Your Financial Future After Divorce
When a marriage or civil partnership ends, financial proceedings determine how assets, property, pensions, and debts are divided between spouses or partners. At Waely Law, our family law solicitors provide expert guidance to ensure a fair and legally binding financial settlement that protects your future.
Financial proceedings refer to the legal process of resolving financial matters following a divorce, civil partnership dissolution, or judicial separation. This can include:
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Division of property and assets
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Spousal maintenance (alimony)
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Pension sharing agreements
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Child financial support
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Business and investment settlements
If couples cannot reach a financial agreement voluntarily, the matter may proceed to family court, where a judge will decide on fair division of finances.
A divorce legally ends a marriage, but it does not automatically resolve financial matters. Even if both parties agree on a settlement, it must be legally formalised through a financial consent order to prevent future claims.
If you and your former partner cannot agree, you may need to apply for financial proceedings in court to ensure a fair and enforceable financial settlement.
The court considers factors such as:
- Who owns the home and whether it should be sold or transferred.
- How investments, savings, and debts should be shared.
- Whether business interests or assets require division.
One party may be required to provide ongoing financial support to their former spouse, depending on:
- Income disparity between both parties.
- Standard of living maintained during the marriage.
- Whether one party has caring responsibilities preventing them from working full-time.
Pensions are often one of the largest financial assets in a marriage. The court can issue a pension sharing order, ensuring each party receives a fair share of retirement savings.
While child maintenance is typically arranged through the Child Maintenance Service (CMS), courts may intervene in cases involving:
- High-net-worth individuals.
- Education fees and private school costs.
- Extra financial needs beyond CMS calculations.
For couples who own businesses, shares, or significant investments, financial proceedings ensure:
- A fair valuation and division of assets.
- Business continuity without unnecessary financial strain.
If you and your ex-partner cannot reach an agreement, you may need to apply for financial remedy proceedings. The process involves:
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Mediation & Negotiation
Before applying to court, couples are encouraged to attempt mediation to resolve disputes amicably. If mediation fails, the next step is a court application.
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Filing a Financial Order Application (Form A)
You will need to submit Form A to request a financial order, initiating the court process.
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First Directions Appointment (FDA)
The first court hearing assesses financial documents and sets a timeline for resolution.
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Financial Dispute Resolution (FDR) Hearing
At this stage, the court encourages both parties to settle financial disputes before proceeding to trial. If an agreement is reached, it can be made legally binding through a consent order.
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Final Hearing
If no settlement is reached, the judge will make a final ruling, determining how finances are divided. This ruling is legally binding.
The timeframe varies depending on the complexity of assets and whether agreements can be reached. Typically:
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Mediation settlements
A few weeks to a couple of months.
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Court proceedings
Usually 6 to 12 months or more, if no agreement is reached.
Delays can occur if there are disputes over valuations, hidden assets, or international financial matters.
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Not necessarily. Many couples settle financial matters through mediation or solicitors. However, if an agreement cannot be reached, financial proceedings in court may be necessary.
Yes, unless you have a financial consent order in place, financial claims remain open even after divorce. A consent order ensures a legally binding settlement that prevents future claims.
The court considers:
- Each party’s financial needs and earning capacity.
- Contributions to the marriage, including childcare and unpaid work.
- Any disabilities or health issues that affect earning ability.
Pensions are included in financial settlements, and a pension sharing order may be issued to ensure fair division.
The court fee for a financial order application is £313 (as of April 2025). Additional legal fees depend on case complexity and whether court representation is required.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
GOV.UK: Applying for a Financial Order – A government guide explaining financial claims after separation, including court applications and legal rights.
The Law Society: Financial Settlements After Divorce – A resource outlining financial orders, mediation, and court procedures for financial disputes.
