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Divorce: Is There a Time Limit on Making Financial Claims?



Making a Financial Claim Following Divorce


There is no statute of limitations when it comes to making financial claims following divorce and only a Court can dismiss them.


Even where a couple have divorced, if they have not had their financial claims dealt with by the court, they will still be able to bring claims at any time in the future, provided they have not re-married.


This could apply to many divorced and separated couples. It is not unusual for people to divorce or separate, and make their own informal ‘DIY’ agreement about finances. Whilst this might work in the short term, it doesn’t prevent either person applying to the court, should their circumstances change in the future. There are reported cases in which former spouses have made claims years and years after divorce.


Obtaining a Consent Order


If you have divorced or separated, or are going through this process, it is essential to get advice about how to deal with finances. When you get a no-fault divorce, it doesn't automatically end your financial responsibilities to your spouse. So, it's essential to deal with financial matters during the divorce process by obtaining a Financial Order (Consent Order approved by the Court). If you don't, one of you could make financial claims against the other after the divorce is finalised.


Whether or not you or your spouse are millionaires, it’s important to get advice early about what you can do to reach a settlement which is fair and protect your financial position in the longer term.


For more information about how our divorce law specialists can help please contact us free on 01685 373721 or email info@rjmsolicitors.co.uk to discuss.

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