When a marriage or civil partnership comes to an end, sorting out finances is often one of the most important — and complex — issues to address. Yet, many couples fail to fully understand the legal and financial implications of their separation, leaving themselves vulnerable to future disputes or unfair outcomes. Data recently published in the Law Commission scoping report on financial remedy, underscores just how few couples take advantage of the legal mechanisms available to safeguard their financial futures.
The Numbers Tell a Story
In 2022, over 80,000 divorces and 525 dissolutions of civil partnerships were granted in England and Wales.[1] Despite these significant figures, in 2023, only 44,564 applications for financial remedy orders were made, suggesting that only around 40% of couples went on to apply for financial remedy orders.[2]
This raises a crucial question: why do so many couples bypass formal financial arrangements?
While it might seem easier to settle financial matters informally, doing so could leave either party (or often both) at a significant disadvantage, especially when it comes to property, pensions, or ongoing support for children.
The Risks of Leaving Finances Unresolved
Failing to secure a financial remedy order means that financial ties between former spouses remain open. Without a court-sealed financial consent order dismissing these claims, either party could return years later to make financial claims against the other — even if the divorce itself was finalised and the other party has moved on financially, or even remarried.
Informal agreements often overlook other important legal considerations, such as the value of pensions or the long-term financial needs of both parties and without the court's involvement, there is no guarantee that an informal arrangement would ever be legally enforceable.
Protect Yourself with Legal Advice
Whether your separation is amicable or contentious, seeking expert legal advice ensures that you are fully informed about your rights and options. A financial remedy order, whether by consent or through contested proceedings, provides clarity and finality, ensuring that both parties can move forward with confidence.
Our experienced family law team is here to help you navigate these challenging times. From negotiating fair settlements and securing binding agreements, we are committed to protecting your financial interests and helping you achieve the best possible outcome.
If you are going through a separation — or even considering one — it is never too early to seek advice. Contact us today to arrange a consultation and ensure your financial future is secure.
[1] ONS, Divorces in England and Wales (2022); Civil Partnership Dissolutions in England and Wales (2022).
[2] Family Court Statistics Quarterly, April to June 2024, Table 13 https://www.gov.uk/government/statistics/family-court-statistics-quarterly-april-to-june-2024/family-courtstatistics-quarterly-april-to-june-2024.
















