As hard as it may be to believe, there is in fact no time limit and your ex could return to court to claim money decades after your divorce – unless the financial agreements you reached with your ex are ratified by a family court and made into a binding ‘consent order’.
The government has spent a number of years encouraging people to treat divorce like a purely bureaucratic process and issue their own divorce petitions online. Unfortunately, the new government divorce website does not effectively highlight this risk, so people who make use of it without seeking independent legal advice could find themselves facing demands for an additional payout years down the line.
Ending financial ties
The legal end of a marriage doesn’t necessarily mean the end of financial ties between former spouses. In England and Wales, even years after a divorce is finalised, one party may still bring a claim for financial provision — under certain circumstances. While this may surprise you, the legal framework does allow for post-divorce financial claims, unless a formal order explicitly prevents it.
No automatic cut-off without a financial order
A common misconception is that finalising your divorce decree ends all financial obligations between you and your ex-partner. In reality, the divorce itself only ends the marriage, not the financial relationship. Unless you obtain a court-approved financial order — such as a Consent Order or a Clean Break Order — both parties may remain legally entitled to make financial claims in the future.
Under the Matrimonial Causes Act 1973, either party can apply to the court for financial relief, including:
- Maintenance (spousal support)
- Property adjustment
- Pension sharing
- Lump sum payments
And crucially, there is no fixed time limit for doing so, even after divorce, as long as no final order has been made.
Lodging a financial claim 20 years after divorce
The absence of a time limit on financial claims when there is no consent order in place was vividly illustrated by the case of Wyatt v Vince. This concerned Dale Vince, founder of the successful green energy firm Ecotricity, and his ex-wife Kathleen Wyatt. The pair had married in 1981 and separated only three years later, although their divorce was not finalised until 1992. At the time, both had very little money. In 1996, however, Mr Vince founded Ecotricity to generate electricity using wind turbines, and the company is now worth an estimated £57 million.
In 2011, nearly 20 years after the divorce Kathleen Wyatt was living in straitened circumstances and lodged a financial claim with the family courts, seeking a large payout from her ex-husband. He successfully appealed, but his ex-wife and her legal team pursued the case all the way to the Supreme Court. There, Justices restated the principle that there is no time limit to such claims and explained that the family courts must take into account “the contribution of each party to the welfare of the family, including by looking after the home or caring for the family”. They therefore allowed the ex-wife to pursue her claim but made it clear that the unusual circumstances of the case meant the full payout sought was “out of the question”. Mr Vince and his ex-wife eventually settled in June 2016 for a more modest – but still substantial – sum. He was also required to pay her legal fees.
The amount of time that had passed since the couple’s divorce meant that the case attracted a lot of media attention and also caused a stir in the legal world. But Kathleen Wyatt’s claim ultimately succeeded for one simple reason: the courts could find no evidence that a binding consent order had ever been issued, so the possibility of a financial claim remained, even two decades after the divorce.
What is a clean break order, and why does it matter?
A Clean Break Order severs all future financial ties between ex-spouses. It ensures that neither party can make a claim against the other’s income, assets, or estate at any point in the future.
Without this order, even if you agree informally or divide assets amicably, your ex could still pursue a claim years or even decades later — particularly if your financial situation improves.
What a clean break covers:
- Property
- Inheritance
- Business wealth
- Lottery winnings
- Pension accumulation post-divorce
A Clean Break Order can still be applied even when there are no assets to divide, simply to prevent future claims.
What factors will the court consider in late claims?
Though the legal door may remain open, success is not guaranteed. The longer the delay, the more questions the court will ask, such as:
- Why wasn’t a financial order secured at the time of divorce?
- Has the applying party remarried? (This may block certain claims.)
- Have there been significant changes in either party’s finances?
- Are there children or other dependents involved?
- What was the original financial agreement (if any)?
In essence, the court weighs fairness, needs, and prior conduct — not just the passage of time.
Remarriage and its impact on financial claims
If a party remarries without making a claim for financial provision from their previous spouse, they lose the legal right to do so. This is known as the “remarriage trap”.
However, this bar applies primarily to financial relief under the Matrimonial Causes Act, not to all types of claims — for instance, some trust-related matters might still be contestable. The safest course of action before remarrying is to ensure that all financial matters from the first marriage have been formally resolved by court order.
Pensions: The hidden time bomb
Many divorcing couples overlook pensions, especially when they’re young or when neither party is retiring soon. But pensions can represent one of the largest marital assets, and claims can arise long after divorce if not formally addressed.
Without a clean break order, your ex may later seek a share of your pension fund — especially if you’ve accumulated significant retirement savings since the divorce. These claims can severely impact your retirement plans, and defending them can be costly.
How to protect yourself from future financial claims
If you’ve already divorced but haven’t yet formalised a financial agreement, you could still be vulnerable. Here’s how to shield your assets:
- Get a consent order: This is a court-approved financial settlement agreed between the parties. It may include asset division, property transfer, spousal maintenance, and pension sharing. Sometimes couples reach an agreement entirely amongst themselves. An informal financial settlement can be quick and of course costs nothing. But it may prove to be a false economy if things go wrong. The family courts cannot enforce an informal agreement with your ex, for that you will need a binding court order. A family solicitor will be able to draft such an order, setting out the details of your financial agreements, and then submit this to a court. Once it has been approved by a judge, it will become a legally enforceable ‘consent order’.
Family law insists on dividing a divorcing couple’s assets according to the particular needs of each spouse. In most marriages, one spouse usually has greater needs than the other, so most couples will still hold obligations to one another even after the divorce process has been completed and the decree absolute has been issued. For example, a stay-at-home mother may find it challenging to obtain employment and therefore require ongoing financial support: in other words, maintenance. If the couple had children, the wealthier party will almost certainly be required to pay child support. The payment of a lump sum following the future sale of a property or business is another common inclusion in consent orders.
Some consent orders specify a final settlement between the former couple, with no ongoing financial relationship of any kind. These are known as ‘clean break orders’, and they usually reflect an exchange of some kind. One party might, for example, agree to forego maintenance payments in exchange for a higher share of the proceeds from the sale of a property.
Consent orders are binding and – in most instances final, unless there has been what lawyers term ‘material non-disclosure’: i.e., one spouse failed to declare significant details or specific assets at the time of the agreement.
Without a formal, court-approved consent order, you will remain at risk of financial claims by your former spouse long after the final divorce order.
- Apply for a Clean Break Order: Even if there are no assets, this prevents either party from making a claim in the future. It is particularly useful when:
- There’s no money now, but there could be in the future
- You plan to remarry or acquire significant assets
- Consult a family law solicitor: Attempting a DIY divorce without financial advice can leave you exposed. A solicitor can draft a consent order that is fair, legally binding, and tailored to your specific circumstances.
Common scenarios: Can my ex still claim FAQs?
“We divorced amicably years ago but never signed anything. Can my ex now claim my home or business?”
- Yes — unless you had a court-approved financial order at the time.
“My ex remarried. Can they still claim my pension?”
- Usually not. Remarriage generally bars new financial claims under the Matrimonial Causes Act. But it’s best to confirm with a solicitor.
“We agreed on finances privately. Is that enough?”
- No — informal agreements are not legally binding. Only a court-approved order can close the door permanently on future claims.
Why delay can be dangerous
Even if your ex is not currently interested in making a claim, that could change:
- They lose their job or fall into debt
- You inherit money or start a business
- You receive a windfall (e.g., compensation, lottery win)
- They face retirement with limited means
Unless the finances are legally resolved, these life changes can trigger renewed interest in a financial claim — regardless of how long ago the divorce occurred.
Key Takeaways
| Issue | Impact |
| Divorce Finalised | Ends the marriage, not financial ties |
| No Financial Order | Allows for future claims, no matter how much time has passed |
| Consent/Clean Break Order | Prevents future financial claims between ex-spouses |
| Remarriage without Order | May bar future financial claims |
| Pension Claims | Still possible unless resolved at time of divorce |
| Wyatt v Vince Case | Demonstrates claims can be made decades after divorce |
While you may feel that your divorce marks a clean slate, the law doesn’t assume financial closure unless you explicitly secure it. The risk of a delayed financial claim is real — particularly in cases where no Consent or Clean Break Order was issued.
If you’re unsure about your legal position, or if you finalised your divorce without a formal financial order, it is highly advisable to speak to a family law professional. Taking action now could save you from costly litigation or claims years down the line.
If you are concerned about your ex making a financial claim years after divorce, contact us to request a free 45 minute consultation with one or our specialist solicitors.