FAQs
A financial order can include a clean break order, which ends all financial ties between divorcing or separating parties. However, not all financial orders result in a clean break. For example, if ongoing financial support, such as spousal maintenance, is required, the financial order will not be a clean break. A clean break is typically used when both parties are financially independent or reach an agreement that allows for a full and final settlement.
While it is not legally required to have a solicitor for a financial order, it is highly recommended. Financial settlements can be complex, and a solicitor ensures that the order is fair, comprehensive, and legally binding. They can also help you negotiate an agreement, draft the necessary documentation, and guide you through court procedures if required. Using a solicitor reduces the risk of errors or disputes arising later.
The cost of obtaining a financial order depends on the complexity of the case and whether you reach an agreement amicably or require court intervention. Key costs include:
- Court fee: £53 to submit a financial consent order or £275 for a contested financial application.
- Solicitor fees: Vary widely but typically range from £750 to £3,000 for a consent order, with higher costs for contested cases.
Additional costs may apply for mediation or valuations of assets.
The timeline for a financial order depends on whether the order is agreed upon or contested:
- Consent Order: If both parties agree, it can take 4–6 weeks for the court to approve.
- Contested Financial Order: The process can take several months to over a year, depending on the complexity of the case and court availability.
The process includes financial disclosure, negotiation, and potentially multiple hearings if no agreement is reached early.
Without a financial order, your financial ties to your ex-spouse remain unresolved, leaving both parties open to future claims. For example:
- Your ex-spouse could claim a share of any future income, inheritance, or assets.
- You may not be able to enforce agreements made informally.
- Unresolved financial disputes can lead to uncertainty and ongoing conflict.
A financial order provides clarity, finality, and legal protection for both parties, ensuring that the agreed terms are binding and enforceable.