Financial Settlement After 5 Years’ Separation
June 2025
When a married couple or civil partners separate and remain apart for a significant period, such as five years, without also formalising their financial separation, it can raise important questions about their claims against each other. While it may seem that the passage of time could affect the financial arrangements, the legal process for finalising a financial settlement remains important, even after several years of separation.
This summary provides general information and does not constitute legal advice on any individual circumstances.
In England and Wales, married couples or civil partners who have separated are encouraged to address financial matters as soon as possible after the separation to avoid complications later on. Even after many years of separation, it is still possible to seek a financial settlement, but the longer the delay, the more complicated the situation can become.
Factors Considered in a Financial Settlement After 5 Years
The court will consider a variety of factors when determining a financial settlement after a long separation, including the duration of the marriage or civil partnership before the separation, the length of the separation since, and the financial arrangements that have been put in place since. When five years have passed since the separation, for example, the court will likely place more weight on the financial situation of both individuals at the time of the hearing, rather than on the marriage or civil partnership itself.
Other factors the court will consider include the ability of either party to support themselves financially, the needs of any dependent children, and whether there has been any significant change in circumstances since the separation. For instance, if one party has substantially increased their income or acquired assets during the period of separation, this could impact the court's decision on a fair settlement.
What If a Settlement Was Not Reached Before Separation?
If a financial settlement was not reached at the time of separation, both parties can still make financial claims through the court. A common misconception is that the passage of time will bar these claims. However, this is not the case unless a clean break order was made. If no such order exists, the court will assess the financial needs of both parties and make a fair decision based on their circumstances. If an informal agreement has been reached to some degree during the separation, the court will take this into account, but it may not be determinative.
This is why it’s important not to delay addressing financial matters, as doing so can lead to disputes or leave one party in a financially vulnerable position should an unexpected claim be made in the future.
How to Proceed With a Financial Settlement After 5 Years
Even after five years of separation, it’s important to seek a financial settlement, especially before moving forward with any new relationships or major financial decisions. The longer the delay, the more complex the situation may become, and it may also affect the ability to achieve a fair and reasonable settlement.
One option is to apply to the court for a financial order. This is typically done after obtaining a divorce or dissolution and is essential if you want to formalise the settlement and ensure that the financial arrangements are legally binding. The application will outline the assets, income, and liabilities of both parties, and the court will then determine how these should be divided.
How Can Fullers Help?
At Fullers Family Law, 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.
