Many people believe that once they separate from their spouse or former partner and divide their assets, financial matters are automatically concluded. Unfortunately, this is not always the case.

In England and Wales, financial claims arising from a marriage can remain open indefinitely unless they are formally dismissed by the Court.

This means that, in certain circumstances, an ex partner may still be able to bring a financial claim many years after separation or even after divorce.

Why Can Claims Remain Open?

A divorce legally ends the marriage itself, however it does not automatically end the financial ties between the parties.

Unless there is a Court approved financial order, such as a Clean Break Order or Consent Order, future claims can still potentially be made.

This can come as a surprise to many people, particularly where matters were agreed informally between the parties at the time of separation.

What Could Someone Claim Against?

Depending on the circumstances, claims could potentially relate to:

• Property
• Savings
• Pensions
• Businesses
• Inheritance
• Future income or assets

The Court would consider the parties financial circumstances at the time any claim is made, rather than solely at the date of separation.

Does It Matter How Long Ago We Separated?

Even if many years have passed since separation, claims may still remain possible if there has been no formal financial order approved by the Court.

There have been cases where claims have been brought long after divorce, particularly where one party’s financial circumstances have improved significantly over time.

This is why obtaining proper legal advice and formalising any financial agreement is extremely important.

How Can I Protect Myself?

The best way to protect yourself from future claims is to obtain a Clean Break Order.

A Clean Break Order formally dismisses future financial claims between former spouses and provides certainty and finality moving forward.

Even where parties have already agreed matters amicably and divided assets between themselves, it is still advisable to have matters recorded and approved by the Court.

What If We Were Never Married?

The position is different for unmarried couples. Cohabiting couples do not have the same financial rights as married couples, although claims relating to property or children may still arise depending on the circumstances.

How We Can Help

At Baines Solicitors, we understand that financial uncertainty following separation can be stressful and concerning. We provide clear, practical advice to help clients protect their financial position and achieve peace of mind for the future.

If you require advice regarding financial claims, divorce or separation, please contact us on 01492 685462 or email zoey.smith@baineslaw.uk for a free no obligation consultation.