The way we talk about divorce has changed significantly since the introduction of no-fault divorce in April 2022. While the reform aimed to simplify the process and make it less confrontational, the new terminology, especially around the final order of divorce, is still causing confusion for many people going through separation.
This has meant that there has been an increasing number of people who understandably believe that their divorce is fully concluded once they receive their final order. Unfortunately, this is often not the case. In this blog, we explain why the language of divorce remains problematic and what you need to know to protect your financial position.
What Is a Final Order of Divorce?
A final order of divorce simply ends the marriage, and it does not resolve financial claims.
This means that even after your divorce has been finalised, your former spouse may still be able to make financial claims against you in the future unless a legally binding financial order is in place.
We regularly see cases where individuals mistakenly believe that the final order of divorce also brings their financial obligations to an end, when in reality, their financial claims remain open.
You can find out more about applying for a financial order by visiting our Divorce & Financial Settlements page.
What Is the Problem With the New Divorce Terminology?
Before 2022, divorce used long-established terms such as petition, petitioner, decree nisi and decree absolute. These terms have now been replaced with application, applicant, conditional order and final order.
The idea behind the change was positive as it aimed to make the process easier to understand and allow couples to apply for divorce online without needing a solicitor. However, some of the language chosen, particularly ‘final order’, creates a false sense of completion.
Navigating the Financial Disclosure Process in a Divorce: Where Do You Start?
Divorce can be a challenging and emotional time, with a lot to think about. One of the most significant aspects of the process is sorting out your finances. But where do you start? Understanding the financial disclosure process is crucial in ensuring a fair settlement, and in the UK, this often involves completing a Form E. Read more…
How Misunderstanding a Final Order Can Cause Real Life Problems
Misunderstanding the effect of a final order of divorce can give rise to a range of practical and financial difficulties for individuals following the breakdown of a marriage. Without a legally binding financial order, financial claims remain open indefinitely, regardless of how long ago the divorce was finalised. This can lead to significant issues, including:
- Uncertainty regarding property ownership and investment – Individuals may make financial decisions, such as investing in or disposing of property, on the assumption that their former spouse has no ongoing entitlement. In the absence of a financial order, those assumptions may be incorrect.
- Exposure to future financial claims – A former spouse may later pursue claims against income, savings, property, pensions or other assets acquired after the marriage has ended. This can be particularly problematic where an individual’s financial circumstances improve post-divorce.
- Complications arising on remarriage or new relationships – Entering into a new marriage without securing a financial order can limit a person’s ability to seek certain types of financial relief and may create unintended vulnerabilities should disputes arise later.
- Inheritance and pension implications – Without a financial order, issues relating to pension sharing or inheritance rights may remain unresolved, potentially affecting both parties and any dependants.
These risks highlight the importance of obtaining legal advice and securing a final, binding financial order rather than relying solely on the divorce final order, which deals only with the legal dissolution of the marriage and not its financial consequences.
Why Misunderstanding Is Becoming More Common
The Online Divorce System
The simplified digital process makes it easy for people to apply for a divorce without legal advice, often without realising that finances are a completely separate matter.
The Change in Terminology
Words like “final order” suggest something is complete and resolved when it is not. The language does not make the distinction between ending the marriage and settling the finances clear enough.
What Needs to Change?
There is increasing recognition that the language is too simplistic and is causing confusion. Clearer terminology would help individuals understand what their divorce actually does and, crucially, what it does not do.
At Thornton Jones Solicitors, we recommend that you do not apply for your final order until your financial arrangements are agreed or resolved. In some cases, delaying the final order can protect your position particularly when there are pensions.
What You Should Do If You’re Going Through Divorce?
Until clearer language is introduced, the safest approach is to always seek legal advice early. The move to no-fault divorce has made the separation process more accessible and less confrontational, which is undoubtedly positive. But unclear terminology continues to cause avoidable misunderstandings.
If you are considering divorce or are currently partway through the process, we strongly recommend seeking specialist advice to ensure your financial position is fully protected.
Final Order of Divorce FAQs
A final order of divorce is the legal document that formally ends your marriage. It replaces the old term decree absolute and confirms that the marriage has been dissolved in the eyes of the law. However, it is important to understand that while it ends the legal relationship, it does not deal with how your finances are divided.
Thornton Jones Solicitors say that many people mistakenly assume the final order brings all matters to a close, but without a separate financial order, financial claims remain open indefinitely.
Yes. A financial order is essential if you want to ensure that your financial ties with your former spouse are fully resolved. Without it, either party may still bring claims in the future, even years after the marriage has legally ended. These claims can relate to income, savings, pensions, property, business assets or investments acquired after the divorce.
Thornton Jones advise that securing a binding financial order provides certainty and protection, preventing unexpected claims and helping you plan for the future with confidence.
You can apply for the final order six weeks and one day after the conditional order (formerly known as the decree nisi) has been granted. This waiting period is intended to give both parties time to reflect and to deal with any outstanding issues, particularly financial matters.
Thornton Jones Solicitors say that it is often wise to delay applying for the final order until your financial arrangements are agreed or resolved, especially where pensions or property are involved, to avoid unintentionally weakening your financial position.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
