We've agreed everything ourselves. Do we still need a financial order?

There is real relief in reaching an agreement without a fight. You have talked it through, perhaps written it down, shaken hands, and you both feel ready to move on. So it comes as an unwelcome surprise to hear that, on its own, that agreement may not protect either of you at all.

Why a handshake is not enough

Here is the part almost nobody is told. Getting divorced ends your marriage. It does not end the financial claims you can make against each other. Those claims stay open, sometimes for many years, unless a court formally closes them.

That means an agreement reached between the two of you, however amicable and however clearly written, is not legally binding. Either of you could, in principle, come back and make a financial claim long after the divorce is finalised, even after you thought everything was settled.

What a financial order actually does

A financial order, usually a consent order, is the document that turns your agreement into something final and enforceable. Your solicitor drafts it to reflect what you have decided, and a judge approves it, in most cases on paper without either of you attending court.

Where it can, it also includes a clean break, which dismisses future claims between you. That is the part that truly matters. It closes the door, so that neither of you is left exposed to a claim years down the line.

Even if there is little to divide now

People often assume a financial order is only for couples with a lot at stake. In fact it can matter most when there is little now, because without a clean break, assets you build up later, a future inheritance, a business that takes off, even a lottery win, could be exposed to a claim from a former spouse. A clean break protects the future you, not just the present one.

This is not about distrust

Asking for a financial order can feel like casting doubt on an agreement made in good faith. It is not. It is simply how the law makes an agreement safe. Done well, it protects both of you equally, and lets you each move forward with genuine certainty rather than a door left quietly open.

"An agreement over the kitchen table is worth a great deal, but on its own it does not close the door. A divorce ends the marriage, not the financial claims that can follow it. A consent order turns what you have agreed into something final and protected, for both of you, so that neither is looking over their shoulder years from now."

Steven Gasser, Director of Family

What a good outcome looks like

Your own agreement, reached calmly, made binding and safe, with the door closed on future claims so that both of you can start the next chapter without looking back. Reaching agreement together is the hard part, and you have done it. This simply makes it count.

That is exactly the kind of clean, constructive ending we aim for. We are known for resolving disputes rather than inflaming them, and for keeping families out of court wherever that is the right thing to do.

If you would like to talk it through

Whatever stage you are at, a short, no-pressure conversation with our family and mediation team can help you see the calmest way forward. We are here to help you find the right route for your situation.

Email enquiries@lauruslaw.co.uk or call 020 3146 6300 to arrange a confidential chat.

About Family Matters 

Some of the hardest decisions any of us face are about family, and they tend to arrive with a great deal of worry and very little clear information. Family Matters answers a real question in each edition, from the first weeks of a separation to finances, children and building a life afterwards, so you know what the law says, what your options are, and what a good outcome can look like. It comes from a family and mediation team known for resolving disputes rather than inflaming them, and for keeping families out of court wherever that is the right thing to do.