Protecting your finances during Divorce

Posted on February 19, 2026

If you didn’t obtain a financial order when you divorced, you’re not alone. Many people don’t realise that without one, they may still be financially tied to their ex-partner.

Even if you felt you had “nothing to divide” at the time, circumstances can change. There is no time limit on when financial claims can be made. Without a court-approved financial order, an ex-spouse could potentially claim against your

future assets,
income,
inheritance,
or pensions.

How to protect your finances during a divorce

At Pearson Solicitor, we regularly help clients put these orders in place to protect them from future claims.

When seeking a divorce your solicitor will discuss ways of protecting your finances from future claims and you may hear different legal terms such as, Clean Break Orders, Financial Orders or Consent Orders. These are essentially all the same thing but can sound a little confusing, but they all relate to the same legal process. Here is a good way to understand the legal terms:

A Financial Order is an umbrella term.
A Consent Order is a Financial Order that you both agree to.
A Clean Break Order is not a separate order it is a clause within the Financial Order that ends any future financial claims.

Although the wording varies, they all refer to the same legal process which are used to finalise the financial agreement after the divorce to prevent future claims.

Court Approved Financial Order

A court approved financial order, whether agreed by both of you or if decided by a judge, is the only way to legally end financial claims after a divorce. This includes protection from claims on pensions, inheritances, bonuses, or, as Emma Kendall explains, unexpected windfalls:

“Imagine having to share a multi-million-pound lottery win with your ex from 10 years ago, just because the right paperwork wasn’t done at the time,” says Emma Kendall, Divorce Solicitor and Head of Family Law.

A common and costly misconception is that financial ties automatically end once a divorce is finalised. They do not. Even if everything was divided amicably at the time, without a court-approved financial order (including a clean break), financial claims can still be made years later.

What are the differences between a Financial Order, a Consent Order and a Clean Break Order?

Emma explains the difference and key elements of each order:

Financial Order

A Financial Order is any court order dealing with finances on divorce. It can cover:

Property (family home, second homes, buy-to-let)
Savings and investments
Pension sharing
Spousal maintenance
Lump-sum payments
Child maintenance (in some situations)

Consent Order

If you and your ex agree how to divide finances, this agreement can be written into a Consent Order. It is then:

Formally drafted
Submitted to the court
Approved by a judge

It becomes legally binding once approved. If you can’t agree and need the court to decide, the judge’s decision is also a Financial Order, just not one made by agreement.

Clean Break Order

A Clean Break Order is not a separate document. It is a clause within a Financial Order (often a Consent Order) that:

Ends future financial claims
Prevents ongoing financial ties
Protects future income, assets, pensions and inheritance

Emma adds:

“Sometimes a Clean Break isn’t immediate for example, where spousal maintenance continues. In these cases, a deferred Clean Break may apply. And when children are involved, their welfare always comes first.”

Without a court-approved Financial Order and a Clean Break where appropriate financial claims remain open, even long after divorce.

How can we help?

For legal advice on protecting yourself and your finances from future claims, contact our Divorce and Family Law Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.