Financial Orders – Advice on Separation & Divorce

Our family law experts will guide you through financial orders and provide tailored advice on separation and divorce, ensuring you can make the best decisions for your future.

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Understanding financial orders.

Going through a divorce or separation is never easy. On top of the emotional challenges, there’s also the need to make important decisions about future.

Any agreement reached with your spouse regarding financial matters, whether directly, at mediation or through solicitors is not legally binding and will not sever your financial ties to your spouse. In order to ensure that the agreement you have reached is binding, it must be drafted into a financial consent order that is sealed by the court.

Understanding the different provisions that can form part of a financial consent order is a vital part of negotiation.

Our experienced family law solicitors are here to guide you through every step of this process, ensuring the agreement you have reached is binding and you can move forward with the confidence that the financial ties to your spouse are severed.

What are financial consent orders?

Financial consent orders set out how your money, property and assets will be shared when a relationship ends.

Whether it’s deciding who stays in the family home or how pensions will be split, these orders help bring certainty and fairness to an otherwise stressful time.

If you have children, financial orders can also cover child maintenance, to ensure your children’s needs are prioritised.

Why financial consent orders are important?

Without a legally binding financial consent order, your financial situation remains open to future claims. Even years after your divorce, your ex-partner could potentially make a claim on your assets.

A financial consent order provides security by making the division of finances clear and legally enforceable. This peace of mind is invaluable, allowing you to move on without the worry of unexpected financial disputes in the future.

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Types of financial consent orders.

Here’s a breakdown of the key aspects of a financial consent order.

  • Child maintenance

    A child maintenance order outlines how much financial support one parent must provide for their children. While the Child Maintenance Service usually deals with regular child maintenance payments, a court may issue a child maintenance order in certain circumstances, such as when the paying parent has an exceptionally high income or other complex financial situations. This ensures that the child’s needs are adequately met, covering everyday living costs, education and extra-curricular activities.

  • Clean break

    A clean break order is designed to ensure that no ongoing financial ties exist between you and your ex-partner once the divorce is finalised. This means neither party can make financial claims against the other in the future. A clean break order is often used when both parties are financially independent or when a lump sum or property adjustment order has been agreed upon. This order gives both parties the freedom to move on without any further financial obligations to one another. Child maintenance will continue after clean break order.

  • Spousal maintenance

    This order is used when one party needs ongoing financial support from the other. These payments are designed to provide financial support if one party is unable to support themselves financially after the separation. A financial provision order is often considered when one spouse has given up work or significantly reduced their income to care for children or manage the household.

  • Lump sum

    A lump sum order requires one party to pay a specific amount of money to the other, usually as a one-off payment. This might be used to settle financial obligations without the need for ongoing payments. Lump sum orders can help one party manage significant expenses, such as housing costs or debt repayment.

  • Pension sharing order

    A pension sharing order allows one party to receive a share of the other’s pension. Pensions can be one of the largest financial assets in a marriage and this ensures that both parties have access to retirement funds, even if only one spouse has built up a pension during the relationship. The court determines how pensions will be divided, taking into account both parties’ needs for financial stability in the future. This can be crucial for individuals who may not have had the opportunity to contribute to a pension themselves.

  • Pension attachment order

    Unlike a pension sharing order, where a pension is split immediately, a pension attachment order means that when one party begins drawing their pension, a portion of the payments are made to the other spouse. This ensures ongoing financial support during retirement, particularly when one party has limited retirement savings of their own. The percentage or amount payable is decided by the court.

  • Property adjustment order

    This order outlines how any property, including the family home, will be divided. It can cover the transfer of property ownership, sale of the property or how the proceeds from a sale should be divided.

Take the first step today

If you’re facing a divorce or separation and need advice on financial orders, it’s important to get advice at an early stage. Contact our expert team to arrange a consultation.

We’ll take the time to understand your situation and offer guidance tailored to you, so you can make the best decisions for your future.

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Meet our family solicitors

Why choose Thomas Mansfield Family Law?

Expertise you can trust: Our solicitors have extensive experience with financial orders and provide clear, jargon-free advice tailored to your situation.

Client-focused approach: We put your needs first, working to secure a fair financial settlement that suits you, your children and your future.

Personalised support: Whether through mediation or legal representation in court, we guide you with care and attention every step of the way.

Convenient and accessible: With offices in London and the South East, our specialists offer timely, responsive support when and where you need it.

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Frequently asked questions

If your former partner is not complying with a financial order, you can apply to the court for enforcement. The court has several options to ensure payments are made, including deducting money directly from their wages, placing charges on property or seizing assets.Taking legal steps ensures the terms of the financial order are upheld and you receive the payments you’re entitled to. It is advisable to seek legal advice if enforcement becomes necessary, as the process can be complex and require detailed legal documentation and court appearances.

Yes, a prenuptial agreement can be contested, especially if it was signed under pressure or if there wasn't full financial disclosure. A prenup may be challenged on the grounds of coercion, misrepresentation or unforeseen changes in circumstances.While a prenup is not automatically binding, courts are more likely to uphold agreements that are fair and properly prepared. We can help you create a strong prenuptial agreement, reducing the risk of it being challenged during divorce.

A postnuptial agreement is an agreement made between spouses after they have married. It sets out how their assets, property, and finances will be divided if they later separate or divorce.Postnuptial agreements can help avoid disputes and provide clarity and protection for both parties. They are especially useful if there have been significant changes in the couple's financial circumstances since they married, such as a new business or inheritance.

Financial settlements become legally binding when they are turned into a consent order and approved by the court. This means that both parties are legally obligated to follow the terms of the settlement.Without a consent order, informal agreements are not enforceable, which can lead to future disputes. It's crucial to have financial settlements properly drafted and reviewed by an experienced solicitor to ensure they meet legal standards and fully protect your interests.

A financial order is a legally binding court decision that sets out how finances will be handled after a divorce. It determines how assets like property, pensions, savings and debts will be divided.It can also cover ongoing payments like spousal or child maintenance. A financial order offers certainty and legal protection, ensuring that the agreed terms are enforceable if one party doesn’t comply.

A financial settlement refers to the agreement reached on how to divide assets, property and debts between both parties during a divorce. It can also cover issues like child and spousal maintenance.The aim is to ensure a fair distribution that reflects the needs of both partners and any children involved. Reaching a financial settlement can involve negotiation, mediation or a court decision if agreement can't be reached.

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