It is a question we are asked often. And the answer is clear - yes.

Most people going through a divorce focus on the process of ending the marriage itself. But there is another critical step that too many people overlook - sorting out the finances.

And the statistics are striking.

According to the Office for National Statistics, there were 103,816 divorces and dissolutions in England and Wales in 2023. Yet in 2025, only around 50,000 people applied to the court to deal with their financial remedy claims. While these figures relate to different years, they paint a telling picture - roughly half of those going through divorce are not getting their finances formally resolved by way of a court order.

That is a significant problem.

Why does a financial order matter?

Many people assume that once a divorce is finalised, their financial ties to their former spouse are severed. They are not.

Without a financial order, the financial claims arising from a marriage remain open - potentially indefinitely. That means claims, including for capital, income, property, and pension, can still be made by either party, even years after the divorce has been granted.

Only a financial order - whether agreed by consent or imposed by the court - can formally dismiss those claims and draw a line under the financial relationship between former spouses.

What are the risks of not getting a financial order?

The risks are real and can be significant:

• A former spouse could make a claim against you years later. Without a financial order in place, there is nothing to prevent a former spouse from making financial claims against you in the future, even if you have moved on and built up new assets.
• Changes in circumstances can enhance claims. If you come into money - through an inheritance, a business success, or a lottery win - a former spouse without a financial order in place could potentially make a claim against those new assets.
• Pension claims remain open. Pensions can be the most valuable asset in a marriage, and without a financial order specifically dealing with pension claims, those claims remain live.
• Remarriage can affect your position, but not always in the way you might expect. If your former spouse remarries, they lose the right to make most financial claims against you - but pension claims remain an exception. If you remarry without having obtained a financial order, you may lose the right to make certain financial claims against your former spouse, but they could still make claims against you.

What should you do?

Even where finances are straightforward, or where both parties have agreed informally on how things should be divided, it is the gold standard to formalise that agreement in a court order, known as a consent order.

A consent order gives both parties certainty and finality. It ensures that the financial chapter of the marriage is properly closed and that neither party can come back with further claims in the future.

Getting proper legal advice at this stage - even if the separation has been amicable - is one of the most important steps you can take to protect your financial future.

Do not leave yourself hostage to fortune. If you have been through a divorce and do not have a financial order in place, please do get in touch. It is not too late to put things right.