When you get a divorce, you might, understandably, assume that you're now free of financial ties to your ex. 

In fact, divorce in itself does nothing to end financial obligations. Because of this, your ex has the legal right to claim money from you – and there's no time limit. In one high-profile case, a woman claimed cash from her millionaire ex-husband 20 years after their divorce.

This right exists until your ex remarries, or until the divorce court approves something called a financial consent order.

Before we look at the ins and outs of financial court orders, a quick word about the recent advent of no-fault divorces. These have rehauled divorce proceedings, but have left the division of money and assets intact. A no-fault divorce can't protect you from this kind of claim.

So to recap – your ex-spouse can make a financial claim against you unless…

1. They have remarried.

2. The court has approved a financial consent order.

What can my ex claim?

An ex-spouse can claim money from joint savings. More surprisingly, they can make a claim on future earnings.

This was the case in the Wyatt v Vince case we linked to above. Dale Vince became a multimillionaire after his divorce from Kathleen Wyatt, and she raised their child in straitened circumstances. 20 years after their divorce, she requested a lump sum from him.

This is obviously not an everyday occurrence – and may seem like taking out insurance for falling pianos. That said, you might want the peace of mind of knowing it's not going to happen. The way to go about this is through a consent order containing a "clean break".

What's a financial consent order?

One of the most thorny parts of divorce proceedings is the separation of finances. Pensions, property, savings and investments all need to be split between you and your ex.

A consent order makes this division of money and assets legally binding. It has to be applied for and approved by the court.

If you and your ex hit a roadblock and can't agree, the court will take over and decide for you.

However, if you have struck a deal, you can formalise it in a consent order along with any maintenance payments. This document has to be drafted by qualified legal practitioners.

What's the difference between a consent order and a clean-break order?

A consent order sets out your current money and assets and details how they'll be divided. It makes sure your ex can't make a financial claim against you down the line, beyond what's agreed on in the order – maintenance payments, for instance.

In this context, "order" can refer to the actual document produced by the court or the specific provisions within it that have legal effect. A "maintenance order", for instance, is a provision within a court order that requires one person to pay the other regular payments to cover the cost of living.

A "clean-break order" is one such provision. Its effect is to say that you and your ex keep your own assets and have no ongoing financial ties.

It's important to note that you can't have a clean break in respect of child maintenance. Parents always have an obligation to pay maintenance for their children, and a clean break can't change that.

At what stage should you apply for a financial consent order?

Divorces take a long time. You're not legally disentangled from your ex until the court has pronounced its "final order". This can happen only 43 days or more after the court has stated that they can't see any reason why you shouldn't divorce – the stage of proceedings known as a "conditional order".

Solicitors will often advise you to apply for a consent order between the conditional order and final order. At this stage, you're still legally married but are making final arrangements for separation. This recommendation is made to try and forestall any painful financial wrangling further down the line.

That said, it's possible to apply for a consent order after the divorce has been finalised – any time up until one of you remarries. This might be desirable in some scenarios, especially those where cool heads need to prevail.

How do I apply?

To apply for a financial consent order, you and your ex have to…

1. Draft a consent order.

2. Sign it.

3. Fill out a D81 or "statement of information" form. This furnishes the court with information about your financial situation to help them decide whether your agreement is fair.
4. Fill out Form A. This final piece of paperwork notifies the court of your intention to proceed with your application.

There's also a court fee of £53 to pay. This comes on top of the £593 you need to spend on the divorce application itself. Sometimes you're able to get money off your court fees. This could apply to you if you have little or no savings, get benefits or have a low income. On top of this, you'll need legal advice, the fees for which vary.

In most cases, you don't have to go to court. Instead, the judge will approve your consent order and make it legally binding. If they think the agreement is unfair, they can ask you to change it – but most are rubber-stamped.

Nowadays, it's possible to get a divorce online, so you'd be forgiven for thinking that you don't need a lawyer to help you out. But getting divorced does nothing to stop your ex from making a financial claim against you further down the line, even years after the divorce. So the best thing you can do is to sort it out all at once under the expert guidance of a family lawyer.

Are you looking for legal advice relating to divorce or separation? At Milners, we pride ourselves on being approachable, flexible, and straight talking. Don't hesitate to get in touch and book a free legal consultation.