Financial order on divorce – a cautionary tale

As family law and divorce lawyers, in a cost-of-living crisis we’re often asked by clients whether they actually need to go through the expense of getting a financial order on divorce or at the end of a civil partnership. Our answer is always ‘yes!’

Although the cautionary tale we often refer to the case Wyatt v Vince from 2015 where the wife waited a whopping 31 years after separation to make her claim, as the husband had in that time made a fortune in green energy, a more recent case may be a more practical example. As a more recent case in RN v TT [2024] EWFC 264 (B) shows, unless an order is obtained to end any potential claims between the separating couple, these will remain open. In this case, the husband and wife had been separated for nine years (divorced for two of those years) when the now ex-husband (an occasional painter-decorator) issued a claim against the wife (a GP) for financial support from her.

Although the judge was not at all impressed by the husband or the evidence of his needs, he nonetheless awarded him a lump sum of £35,000 and a pension sharing order. On top of this, the wife was forced to meet the costs of defending the application, as well as dealing with the inevitable associated stress of preparing for and attending court.

On divorce or separation, even if the parties can agree the finances between them, it is imperative to have potential financial claims endorsed by the court via a financial order. Although there will be costs involved in drafting the order and the financial disclosure that a court will want to see come with it, the peace of mind of the other side having no claims against your future successes or their future hardships is surely worth it.

This article was written by trainee lawyer Nia Miller-Jones.