Can My Former Spouse Make a Financial Claim Years After Divorce?

Many people are surprised to learn that a divorce alone does not sever financial ties between former spouses. It is a common misconception that once the decree absolute (or final order under the new law) is issued, each party walks away financially independent. Unfortunately, this is not the case.

Unless the financial arrangements are formally recorded in a legally binding financial order, your ex-spouse may still be able to make a claim against your income, property, pensions, or future financial gains—even if many years have passed since the divorce.

For couples who immigrated to the UK or divorced abroad before settling here, this can be even more confusing. Understanding your rights and the risks of leaving finances unresolved is essential for long-term financial security.

Understanding the Risks of Not Finalising Your Finances

A divorce legally ends the marriage, but it does not end financial obligations between spouses. The only way to draw a clear financial line is through what the law describes as a financial remedies order.

Without it, your former partner may be able to apply to the family court at any point in the future—even decades later—to seek a share of your assets.

Why can an ex-spouse make a claim long after divorce?

The law recognises marriage as an economic partnership. When this partnership dissolves, either spouse may still be financially vulnerable. Unless a settlement is formalised, the court retains jurisdiction to consider future applications relating to:

Property and real estate
 

Pensions (often the largest marital asset after property)
 

Savings, investments, and shares
 

Business ownership or partnership interests
 

Inheritance acquired after the divorce
 

Compensation awards or personal injury settlements
 

Lottery wins or significant windfalls
 

This means that if your financial circumstances improve, or you receive money later in life, your former spouse might still have a legal basis to make a claim—if no financial order was ever made.

A famous example: Wyatt v Vince

The Supreme Court case Wyatt v Vince [2015] is frequently cited because it illustrates the risks perfectly.

The couple divorced in the early 1990s.
 

No financial order was ever obtained.
 

More than 20 years later, the former wife brought a financial claim after her ex-husband became a multimillionaire.
 

Although her final award was modest compared to his wealth, the court confirmed that her claim was legally valid, simply because financial matters had never been finalised.
 

This case is a clear reminder that time alone does not prevent an ex-spouse from seeking financial provision.

What Is a Financial Remedies Order?

A financial remedies order is a legally binding document approved by the court, which sets out how you and your former spouse agree (or are ordered) to divide your finances. It can include:

Transfer or sale of property
 

Lump-sum payments
 

Pension sharing or attachment orders
 

Spousal maintenance
 

Clean-break clauses
 

A clean break order is especially important because it confirms that neither party can make a claim against the other in the future. Without it, your financial exposure may continue indefinitely.

Consent Orders

If you and your former spouse reach an agreement amicably, your solicitors can draft a consent order, which the court can approve without either party attending a hearing. This is the most efficient and cost-effective way to legally secure a settlement.

When a court order is necessary

If you cannot agree, or if disclosure is incomplete, you may need to apply to the court for a decision. This is done by issuing a Form A, triggering the formal financial remedies process.

The Court Process: What to Expect if You Cannot Agree a Financial Settlement

When financial negotiations break down, the structured court process ensures that both parties disclose their finances fully and have an opportunity to reach a fair settlement. The stages include:

1. Form A – Starting Financial Remedy Proceedings

The application is made using Form A, which notifies the court and the other party that you are seeking financial orders. This begins the timetable of hearings and disclosure obligations.

2. First Directions Appointment (FDA)

At this initial hearing, the judge will:

Review financial disclosure
 

Identify any missing or unclear information
 

Set the timetable for exchange of documents (bank statements, valuations, pension information, etc.)
 

Decide whether expert reports (such as pension valuations or property appraisals) are required
 

The FDA is largely procedural. Its purpose is to ensure both parties comply with disclosure and that the case progresses efficiently.

3. Financial Dispute Resolution (FDR) Hearing

The FDR is a key step in most cases. It is a without-prejudice hearing, meaning the discussions cannot be used later if the case proceeds to trial.

During the hearing:

The judge gives an indication of what order he or she is likely to make at a final hearing.
 

This judicial recommendation often helps narrow the issues and promote settlement.
 

Most cases resolve at the FDR stage.
 

If no agreement is reached, the case continues toward a final hearing.

4. Final Hearing

At the final hearing:

Both parties give evidence
 

Their solicitors or barristers present arguments
 

The judge makes a binding decision based on fairness, needs, resources, and the welfare of any children
 

The final order will determine how property, pensions, and income are divided and whether there will be a clean break.

Alternatives to Court: ADR Options

Court proceedings can be costly, time-consuming, and emotionally draining. Before issuing a Form A, the law encourages couples to consider Alternative Dispute Resolution (ADR) options, which are often faster and more amicable.

Mediation

A mediator helps you and your former spouse negotiate a settlement and improve communication. While the mediator does not provide legal advice, mediation can help couples reach a mutually acceptable agreement more quickly.

Collaborative Law

In collaborative law, both parties instruct specially trained solicitors and agree not to take the matter to court. All negotiations take place in a supportive, non-adversarial environment. This process works well for couples seeking a respectful and transparent settlement.

Arbitration

Family arbitration is similar to having a private judge. You and your former spouse appoint an arbitrator who makes a binding decision.
 Benefits include:

Privacy
 

Faster resolution
 

Flexibility on scheduling
 

Often more cost-effective than litigation
 

Arbitration is increasingly popular for financial disputes because it offers structure without the delays of the court system.

Tips to Protect Yourself When Agreeing a Financial Settlement

Finalising finances can feel overwhelming, especially after the emotional strain of divorce. However, taking the right steps protects your future and reduces the risk of prolonged disputes.

1. Get a Consent Order—Always

Even if you and your ex-spouse agree on everything, a verbal or informal agreement is not enough. A consent order makes the agreement legally binding and prevents future claims. Without a clean break clause, financial ties may persist indefinitely.

2. Don’t Delay Negotiating Your Finances

Delays increase risk, especially if:

Your income or business grows
 

You receive inheritance
 

You purchase property
 

You acquire other assets your ex-spouse may later claim against
 

The sooner matters are finalised, the better.

3. Seek Legal Advice Early

A family law solicitor can:

Explain your rights and obligations
 

Ensure full and accurate disclosure
 

Protect your interests in negotiations
 

Draft legally sound settlement documents
 

Early advice often prevents costly mistakes later.

4. Be Honest and Transparent

Financial disclosure must be full, frank, and accurate. If you attempt to hide assets or minimise income, the court may penalise you—and an agreement may later be overturned. Transparency ensures enforceability and reduces conflict.

5. Consider Pension Sharing Carefully

Pensions are one of the most misunderstood aspects of financial settlements. Their value can be substantial, and proper actuarial advice is often essential before agreeing to a split.

What If You Want to Prevent a Future Claim Now?

If your divorce was finalised years ago and you never obtained a financial order, it may not be too late. You can still apply for a consent order today, provided both parties agree. If agreement is not possible, a party may file a Form A and seek a financial remedy even after years of separation.

The court will take into account:

How long it has been since the divorce
 

Whether either party has remarried
 

Current financial needs
 

Assets accumulated since divorce
 

Contributions made during the marriage
 

Although late claims are possible, delay may affect the outcome. The court may award less to a spouse whose claim is significantly out of time—but the claim itself can still be heard.

Conclusion: Protecting Your Financial Future

Divorce can be emotionally draining, and many people focus on ending the marriage rather than securing their long-term financial stability. However, failing to obtain a financial remedies order—especially a clean break order—can leave you vulnerable to future claims, even decades later.

Whether you are newly separated, divorced years ago, or concerned about your financial exposure, obtaining legal advice is essential. At Parachute Law and Kidd Rapinet, our solicitors help clients understand their rights, negotiate fair settlements, and ensure their finances are protected for the future.

If you would like clarity on your situation or assistance securing a financial order, we are here to help.

Contact Us Now

Related Article:

Fairness, Financial Justice and Why England Leads the Way: What the Potanina Case Means for Everyday Divorces

The Divorce Gap: Why Women’s Income Plummets After Divorce — and What UK Law Can Do About It

Why Couples Really Divorce: The Top 10 Reasons for Divorce in the UK