Does my divorce end financial commitments?
Financial ties between divorcing couples are not automatically severed once a decree absolute/final order has been issued. Even after the divorce is finalized, this does not prevent an ex-partner from making a financial claim, unless further legal agreements have been put in place
Does my divorce end financial commitments?
Getting a divorce ends your marriage but not the financial obligations to your ex-spouse. Besides getting a decree absolute, either party can request the court to approve a legally enforceable financial agreement with the ex-partner called a consent order. If there is no legally binding financial settlement, the ex-spouse can make a financial claim against you in the future.
You need to get a Clean Break order to prevent your former partner from making financial claims and severing financial ties entirely. A Clean Break order is usually sought when there is no complicated division of assets or uncertainty about the future. A clean break order provides closure and ends the financial relationship between the separating couple.
Securing a clean break is not always possible when the division of assets is not straightforward or there is uncertainty about either party’s financial situation.
Post-Divorce Financial Claims
An ex-spouse can claim financial provision from their former partner indefinitely if there is no financial clean break order in place. Whether or not a financial claim can be made successfully depends on individual circumstances. Typically, financial claims are made in the following situations:
- Both parties have not resolved financial issues or reached a financial settlement at the time of divorce.
- There is a change in financial circumstances of either party, for instance, the earnings of the ex-spouse have increased or they have inherited a large sum after the divorce
- If one party was pressured into agreeing to the original divorce settlement.
How long after divorce can a claim be made?
There is no time limit with respect to making financial claims from a former spouse. Any spouse is able to make financial claims at any point in the future as long as they have not remarried. Without a clean break consent order, financial claims can be made even many years after the separation.
It is important to reach a divorce settlement at the time of the divorce, however, if both parties failed to do so and realised the need subsequently, they can make future claims to safeguard themselves, no matter the length of time since the divorce.
