Post-Divorce Financial Claims Solicitors

If the financial ties between you and your ex spouse have not been legally severed during your divorce, you may be able to make a financial claim. You may choose to do so because events taking place after the divorce have retrospectively made the agreement unfair, such as lack of disclosure, significant change in financial circumstances, or undue pressure to accept the original agreement.

In order to ensure your ex’s finances have been completely separated from yours, you must get a legally binding agreement in the form of a Consent Order, which must be approved by a family court. In some situations, you may also need a Clean Break Order to formalise the end of any financial relationship between you and your former partner or spouse.

To resolve any type of financial matters, you need to make sure you get an experienced solicitor to draft an order so that your obligations to your ex-spouse are no longer applicable.

You can only apply for a Consent Order within divorce proceedings which means you will have to have the Conditional Order granted first. At this step, it is crucial that the division of assets between the parties is finalised, and that you reach an agreement regarding all relevant matrimonial assets.

Rowlinsons can guide you through the process to get the best outcome for you to finalise the financial agreement, remove any risk of future claims, and get you the best outcome in your divorce for a future free from the financial burden of your ex-partner.

There is no time limit on your right to make a claim on your ex-partner’s assets in England and Wales. There have been cases when couples have neglected to apply for an order and one party has made a successful financial claim years later.

Ideally, most couples agree to a financial settlement and both parties get on with their lives without looking back. However, without an official court order, you or your ex-spouse could be open to a financial claim further down the line.

With no time limit on spousal financial obligations, you could be open to a financial claim years, or even decades, later. This vulnerability emphasises the importance of severing financial ties completely.

A financial consent order or financial remedy order is a document used by the courts to legally split money and assets.

Your solicitor prepares the consent order for you and your ex-partner to agree and sign then it is presented to the court for approval. Once granted, it legally binds the agreement regarding property, pensions, assets, and income making it virtually impossible for a spouse to make a further financial claim.

The court can make orders on a variety of issues including the sale or transfer of assets, childcare costs and splitting pensions. Your Family Law solicitor can advise on the best orders to apply for in your situation.

Without a financial order, yes, they could. The Final Order, formerly Decree Absolute, does not imply freedom from financial obligation. Your family solicitor can advise you on the best course of action if you want to protect your assets now and in the future.

On the other hand, if you’re seeking to make a financial claim on your former spouse, we can also help you with this.

If your ex-partner remarries it will limit the validity of claims they can make on you, and vice-versa. However, remarriage for both parties is not a foolproof way of dissolving financial obligations completely. This means it is essential to get legal advice before you remarry if you think financial ties were not adequately dealt with.

Confidently move on with your new life. Make sure all your financial matters are resolved at the time of divorce and they won’t come back to bite you.

A judge considers several factors when deciding if a financial settlement after divorce is valid, including:

• Income and Earning Capacity: The current and future income of both parties.
• Financial Needs: The financial needs and obligations of each party.
• Standard of Living: The standard of living during the marriage.
• Contributions: Contributions made by each party to the welfare of the family.
• Children: The needs of any children involved.

Whether you are making a financial claim post divorce, or defending your finances from an ex-spouse, we can help you build a strong case to get justice in such a distressing and complex legal matter. Contact Rowlinsons Solicitors today.

Inheritance is generally considered separate property and is not automatically included in the marital assets for division. However, if the inheritance has been mingled with joint marital assets (e.g., deposited in a joint account), it may be considered in the financial settlement. It is vital to seek the support of expert legal professionals to ensure your finances are structured in the safest possible way, and your inheritance is safe from unwarranted financial claims.

The remarriage trap is a situation in which someone who has recently divorced or dissoluted a civil partnership joins another marriage or civil partnership before finalising a financial order, losing the right to making a claim in the process.

These situations are unfortunately common, as many find themselves struggling with loneliness after the breakdown of a relationship and seek companionship shortly after the fallout. To avoid this, you should always seek expert legal advice following a divorce and before joining a new marriage or civil partnership to ensure you are not forfeiting the right to claim finances or assets you may be entitled to.