Financial Settlement After Divorce Time Limit UK
June 2023
It is understandable to assume there are financial settlement time limits to bring a financial claim because there are time limits to start civil proceedings. However, technically there are no time limits; you can get married and divorced in your twenties and then (provided you have not remarried in the meantime) start financial settlement proceedings when you are in your sixties.
Delay isn’t something that we recommend unless there are special circumstances. That’s because in the absence of a clean break financial court order, you both have the threat of court proceedings being started against you at a time in your life that may not suit you.
A clean break financial order is one that includes provisions dismissing all future claims against each.
If you are interested in making a late divorce financial settlement application, are responding to an application or want advice on how to get a clean break financial court order to prevent future financial claims, our specialist family law solicitors can help.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Are You at Risk of a Divorce Financial Settlement Claim?
If you are separated or divorced but do not have a clean break financial court order in place, then you are still at risk of your former husband or wife starting divorce financial settlement proceedings. Claims can get complicated when there has been a long delay between the date of separation and the financial claim because the court will want to know about your circumstances at the time of separation as well as at the date of the financial court proceedings.
The judge will also want to know the reasons behind the delay in bringing the application. There may also be an argument made that there was an agreement, but it just was not put into a court order.
There can be many reasons for delay in bringing financial settlement claims. If you think you are at risk of a claim it is best to speak to a family law solicitor about whether you should initiate proceedings to try and secure a clean break order to prevent any future financial claims and give you financial security. It is a balance of risk. If you do nothing your former husband or wife may begin financial settlement proceedings at a later date. For example, when your family business or property has significantly improved in value from the original date when you were thinking about applying for a clean break order.
Is it Worth Bringing a Late Divorce Financial Settlement Claim?
Whether a late divorce financial settlement claim is worth it will depend on a range of factors, such as:
- The reasons for the delay in bringing the claim.
- The length of your marriage
- Your ages
- Any agreement reached at the time of your separation.
- Your assets and income and those of your ex-spouse at the time of the separation and at the date of the financial proceedings
- Your ability to meet your reasonable needs and the ability of your former spouse to meet their reasonable needs.
- Whether you or your former spouse has health issues that impact on your ability to meet your needs.
It is best to discuss your financial settlement options with a family law solicitor as they can explain the likely costs and timescale of divorce financial settlement proceedings and, once financial and personal circumstances are clarified, explain the likely range of potential orders the court has the power to make. That way you can then weigh up whether the benefits of a late divorce financial settlement claim are justified for you and your family.
At Fullers, our family law solicitors are specialists in financial settlement proceedings and are experienced in advising on complex financial settlements, including late financial claims.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
