In the digital age, getting divorced online has never been easier. The government’s online divorce portal has simplified the process, allowing couples to manage much of the legal work themselves without ever stepping foot in court. However, while this approach can streamline the dissolution of a marriage, many people unknowingly make a crucial oversight — finalising a divorce without obtaining a legally binding financial order.
If you’ve already divorced online or are considering it, but haven’t sorted your finances legally, this article will explain what that means for you — and why taking action sooner rather than later could save you a world of trouble.
What is a financial order?
A financial order is a legal document issued by the family court that formalises how a couple’s finances are to be divided following a divorce or dissolution of a civil partnership. It can cover assets such as:
- Property
- Savings and investments
- Pensions
- Debts and liabilities
- Spousal maintenance
You can apply for a consent order if both parties agree on the financial settlement, or go through contested proceedings if there is disagreement. Without a court-approved document, your financial ties to your ex remain legally open — even after divorce.
The rise of online divorces
The online divorce system introduced by HM Courts and Tribunals Service was designed for speed and convenience. While it does an excellent job in handling the legal end of the marriage, it doesn’t automatically include the financial element — and that’s where problems arise.
Many couples either aren’t aware they need a separate financial order, or they assume that a clean break is automatic with the final divorce order. It isn’t.
Even if you’ve split amicably, divided your assets informally, and moved on, without a court-sealed financial order, either party can come back years later to make a financial claim.
Why not having a financial order is risky
- Future claims can still be made: Divorce ends the marriage, but it doesn’t end financial obligations unless you have a financial order. That means your ex can bring a claim in the future, even decades later — and yes, it happens more often than you might think.
- Verbal or informal agreements are not legally binding: A handshake deal or mutual understanding over who gets what won’t hold up in court if a dispute arises. Only a court-approved order provides certainty and enforceability.
- Changes in financial circumstances can trigger disputes: Today’s amicable split could turn contentious if one party wins the lottery, inherits money, or starts a successful business. With no financial order in place, the other party might seek a share of that newfound wealth.
- Pensions are often overlooked: Many people focus on property or cash and forget about pensions — which can be one of the most valuable marital assets. A financial order can provide for a pension sharing order, ensuring both parties’ long-term financial security.
When can you apply for a financial order?
You can apply for a financial order any time after the conditional order (formerly decree nisi) has been granted and before or after the final order (formerly decree absolute). There is no automatic time limit — but waiting too long can increase the risk of complications, as financial positions evolve over time. Essentially, the longer you delay, the more difficult and expensive it can become to resolve matters fairly.
What is a consent order?
If you and your ex-spouse agree on how to divide your finances, you can submit a consent order to the court. This is the most cost-effective and stress-free way to secure a clean break.
To do this, you’ll need:
- A written summary of the financial agreement
- A completed Form D81 (statement of information about finances)
- The consent order drafted (usually by a solicitor)
- A nominal court fee (£53 as of 2025)
- A judge’s approval — they will ensure the order is fair before sealing it
Even if you are on an amicable footing with your ex, it is strongly recommended to use a solicitor to draft the order properly to avoid delays or rejection by the court.
What if we can’t agree?
If no agreement can be reached, either party can apply for the court to decide how assets should be split. This is known as a contested financial remedy application and involves several stages:
- Form A – initiating the application
- Financial Disclosure – via Form E (an updated Form E and associated documentation will probably be required even if this has previously been done on a voluntary basis)
- Court Hearings – including First Appointment, Financial Dispute Resolution (FDR), and Final Hearing if needed
While more costly and time-consuming, this route ensures both parties receive a fair outcome — especially where there’s financial imbalance or complexity.
The importance of a clean break clause
One of the most valuable inclusions in a financial order is the clean break clause. This clause ensures that neither party can make further financial claims (except for child support) once the agreement is sealed by the court.
Without it, you remain financially linked — regardless of how separate your lives may seem.
When to take action
If you’ve already divorced using an online portal and haven’t sorted your finances formally, you should:
- Seek legal advice – a family solicitor can assess your situation
- Explore a consent order – if you and your ex agree or can reach an agreement via mediation or other form of Alternative Dispute Resolution (ADR)
- Act quickly – the longer you wait, the greater the risk
Divorce is a major life event, and it is understandable to want to move on quickly. But skipping the financial order — especially in an online divorce — can leave you exposed to future claims, disputes, and financial loss.
You should think of a financial order as the final chapter of your divorce — the one that ensures closure, fairness, and future peace of mind. Whether your separation was amicable or acrimonious, formalising your financial arrangements is a crucial step toward building a secure and independent future for yourself and any children.