Financial Orders - The crucial document after Divorce

When a marriage ends, many couples focus on the emotional and practical aspects of separation — but one of the most critical steps often overlooked is securing a Financial Remedy Order from the court.

What is a Financial Remedy order?

A Financial Remedy Order is a legally binding court Order that sets out how a couple’s finances will be divided after a divorce or civil partnership dissolution. It ensures that both parties’ financial responsibilities and entitlements are formally agreed and enforceable by law. It also ensures that no further claims can be brought by either party, in life or death at any point in the future (save for where there is ongoing maintenance, but even then, only that provision can be varied).

What does a Financial Remedy Order can cover?

• Division of property – who keeps the family home or how the sale proceeds will be shared.
• Savings and investments – how bank accounts, shares, or other assets are divided.
• Pensions – whether pension sharing or offsetting will take place.
• Maintenance payments – arrangements for spousal or child maintenance (time limited).
• Business Assets – how these assets should be treated long and short term
• Debts and liabilities – how and by whom joint debts or loans will be repaid.

There are different types of financial Remedy Orders, including:

• Consent Order – where both parties agree on the terms and ask the court to approve them, making the agreement legally binding.
• Contested Financial Order – where the couple cannot agree and the court decides how assets should be divided.

Importantly, a financial order can include a “clean break” clause, which ends the financial ties between ex-spouses, preventing either from making future claims against the other’s assets or income.

It is important to stress that without a financial remedy order, either party can potentially make a financial claim years after the divorce — even if they’ve moved on or remarried. It’s the only way to achieve true financial closure after separation.

If you need advice or guidance about putting a financial order in place, please contact our Family Law Team on 01926 35704 or email: family@moore-tibbits.co.uk