Since the introduction of no-fault divorce in April 2022, ending a marriage in England and Wales has become more straightforward. A divorcing couple no longer needs to blame one another for the breakdown of the marriage; they simply confirm that the marriage has irretrievably broken down. However, a final divorce order legally ends the marriage, but it does not sever the financial ties between the parties.

This distinction is important.

Unless a financial order is approved by the court, either spouse may still be able to make claims in the future, even years after the divorce has been finalised. Those claims may relate to the family home, savings, pensions, investments, business interests, debts, or spousal maintenance.

A financial consent order records the financial agreement reached between spouses and makes it legally binding, providing certainty and finality. Relying on an informal agreement can be risky. Even if both parties agree who will keep the house, pay debts, or retain pensions, a private arrangement is not enough unless approved by the court. Circumstances can change,
and unresolved claims may later become costly and contentious.

For any couples contemplating separation, the key message is simple: divorce ends the marriage, but only a financial order properly resolves the finances. Taking early advice can help ensure that any settlement is fair, enforceable, and protects both parties from future uncertainty.

We offer free 30-minute face to face appointments with an experienced family solicitor in either Grange or Kendal. If you are further afield, we can still help, by offering telephone or Teams appointments.