When a marriage ends, most people’s attention goes to the divorce itself: getting the Final Order and, with it, a sense that the marriage is over. But the divorce and the financial settlement are two separate legal processes, and reaching the end of one does not automatically resolve the other. Knowing how the two interact, and what can go wrong if the financial side is left to drift, is central to protecting your position both immediately after separation and for years afterwards.
If you haven’t already, it’s worth reading our earlier articles, ‘How long will it take? Getting divorced in England and Wales’ and ‘How long will it take? Sorting out finances on divorce’, which cover the timelines for each process individually. This article picks up where those leave off, looking at how the timing of the two interacts.
Quick guide:
A Final Order ends your marriage. It does not end financial claims. Until there is a separate financial order there are risks both parties remain financially exposed to each other and to the unpredictability of life itself. There are also consequences of remarrying before financial claims are resolved.
- Remarrying before you’ve applied can permanently bar your own claim (though not your ex-spouse’s).
- There’s no deadline for a financial claim, but long delay can drastically cut what a court is prepared to award.
- If your ex-spouse dies before matters are resolved, what you’re entitled to is likely to depend heavily on exactly when the Final Order was made.
A financial order should close off these risks.
The remarriage risk
Under section 28(3) of the Matrimonial Causes Act 1973, a spouse who has remarried is not entitled to apply for a “financial provision order”. This usually ‘bites’ the most in relation to capital provision including orders related to properties.
This is a real trap for people who assume finances can simply be dealt with “later.” For the avoidance of doubt, this does not prevent the other party from being able to apply.
It’s worth noting that this bar does not extend to pension sharing claims, however this narrow carve-out is not a substitute for sorting pensions out properly at the time; it simply means the specific bar is narrower than people often assume.
There’s no time limit, but delay is genuinely risky
Obtaining a Final Order in Divorce ends a marriage but it does not end your financial relationship or responsibilities.
Because there is no formal deadline for bringing a financial claim, it’s tempting to think it can wait indefinitely with no real cost. The Supreme Court case of Wyatt v Vince is the classic illustration of why that’s a risky assumption: a wife successfully brought a financial claim against her former husband roughly three decades after they’d separated, despite the marriage itself having been modest in means.
In plain terms: yes, a claim can technically survive for decades, but that doesn’t mean it’s a sensible place to leave your financial future. Courts have shown increasing reluctance to look favourably on long, unexplained delay, even where the underlying right to claim remains technically intact, so “there’s no deadline” should never be read as “there’s no urgency.”
For the more affluent party, there is a risk in not resolving matters as soon as possible and “leaving the door open” to future claims.
The risk of death before finances are resolved
Remarriage isn’t the only life event that can undercut an unresolved financial position, death does too, and in a different way. What happens depends on the facts and timing.
If your spouse dies unexpectedly before the Final Order in divorce, then the divorce never completes. You are treated as a surviving spouse with all associated legal rights and claims.
If your spouse dies unexpectedly after the Final Order in divorce, and financial proceedings related to divorce are underway what happens and how this will affect you will depend heavily on what stage you’re at and what provision has been made. This may be the case even if a financial order has been made.
The practical takeaway is the same as with remarriage: an unresolved financial position isn’t a neutral “wait and see”, it’s a real vulnerability that a sealed consent order or financial remedy order is specifically designed to close off or resolve.
The clean break principle
The court has a duty to consider imposing a “clean break” wherever appropriate, drawing a firm final line under both parties’ financial obligations rather than leaving things open indefinitely. Sorting finances early doesn’t just protect you from remarriage or death risk; it gives you both the certainty of actually being finished, rather than technically-still-connected for years to come.
What you should actually do
Understanding the risk is only useful if it changes what you do next. In practice, that means:
- Take action. Apply for a financial order, or at least get the process underway, alongside, or shortly after, your conditional or Final Order application, rather than waiting until the divorce itself is finished.
- Get advice on timing before you apply for your Final Order especially if your circumstances are complex (e.g. a business, pensions, or assets abroad) rather than after.
- Treat “no time limit” as a legal technicality, not a plan, the earlier matters are resolved, the stronger your position and the lower the risk of an intervening life event changing the outcome.
Taken together, these risks point to the same conclusion: the end of a marriage and the end of a financial relationship are not the same thing and treating them as interchangeable is where real damage can be done.
Remarrying, letting years pass, or simply assuming there will always be time to “sort out the finances later” can each quietly close off options or weaken a position that would otherwise have been secure. A sealed consent order or financial remedy order remains the only reliable way to draw a genuine line under the marriage, which is why timing should be treated as a priority from the outset, not an afterthought once the divorce itself is complete.
For an initial FREE consultation on this or any aspect of family law, call Manders Law on 01245 895 105 or email us here.
Note: this blog is intended to give an overview (rather than comprehensive guidance and advice) on your legal or financial position and is provided for information only. It is not an endorsement of any product or service provider.