Divorce can be one of the most stressful times in your life. Apart from the emotional toll, there are many legal and financial matters you need to settle. One common question many people ask is: “How long after a divorce can you claim assets from your ex-spouse?” You might wonder if there is a deadline to make financial claims or whether you can still ask for money or property years after the divorce.
In this article, I’ll guide you through everything you need to know about claiming assets after divorce in the UK. I’ll explain what financial claims mean, whether there is a time limit, what steps you should take to protect yourself, and what happens if you don’t sort out finances properly when you divorce. By the end, you’ll feel more confident about your rights and options.
What Are Financial Claims After Divorce?
When you get divorced, one of the important things you need to deal with is how to divide your money, property, pensions, and other assets between you and your ex-spouse. This process is called making financial claims.
Financial claims can cover things like:
- Property you owned together (your family home or other real estate)
- Savings and investments
- Pensions and retirement funds
- Income and future earnings
- Debts and liabilities
Usually, you and your ex-spouse agree on how to split these assets. Sometimes, you can do this informally between yourselves, but other times you may need a solicitor or the court to help you reach a fair settlement.
Is There a Time Limit to Claim Assets After Divorce?
One of the most important things to understand is that there is no fixed time limit in the UK to make financial claims after a divorce. This means that you can, in theory, claim a share of your ex-spouse’s assets at any time after your divorce, even many years later.
Why is There No Time Limit?
The law in England and Wales does not impose a statute of limitations on financial claims after divorce. So unless you or your ex-spouse have agreed on a legally binding financial settlement, the opportunity to make a claim remains open indefinitely.
The only situation where you cannot make financial claims is if you or your ex have remarried. Once you remarry, the right to claim financial assets from a former spouse usually ends — except for some exceptions like pensions.
What Is a Financial Consent Order and Why Is It Important?
Since there is no time limit to make claims, it is very important that you finalise your financial arrangements properly when you divorce. The best way to do this is by getting a Financial Consent Order.
What Is a Financial Consent Order?
A Financial Consent Order is a legal document that sets out the financial agreement between you and your ex-spouse. Once approved by the court, it becomes legally binding. This means:
- You both agree on how to divide your assets and finances.
- Neither of you can make any further claims against each other’s assets in the future.
- It provides legal certainty and peace of mind.
Without a Financial Consent Order or some other court-approved financial order, either party can make a claim in the future.
What Happens If You Don’t Have a Financial Consent Order?
If you do not have a Financial Consent Order, the door remains open for either you or your ex-spouse to bring a claim years or even decades after the divorce.
Here are some important points to consider:
- If you both made an informal financial agreement (a ‘DIY’ deal), it is not legally binding.
- Circumstances can change after divorce: one spouse may acquire new assets, earn more money, or become wealthy.
- Without a court order, your ex-spouse may claim a share of these new assets, even many years later.
- This can lead to long and costly court battles.
A Real-Life Example: The Case of Kathleen Wyatt vs. Vince Wyatt
To help you understand why finalising finances properly is crucial, here’s a famous case that shows how claims can be made long after divorce.
Kathleen Wyatt divorced Vince Wyatt many years ago. Nearly 19 years after the divorce, Kathleen made a financial claim against Vince. At the time of their divorce, Vince was not wealthy, but since then, he had become a successful businessman with a company valued at around £57 million.
Initially, Vince tried to stop Kathleen’s claim, and the Court of Appeal agreed with him. But the Supreme Court overturned this decision, allowing Kathleen’s claim to go ahead.
This case proves:
- Financial claims can be made many years after divorce.
- There is no statute of limitations for financial claims without a court order.
- It’s important to get a legally binding agreement to avoid future claims.
What If Your Ex-Spouse Has Remarried?
There is one key exception to unlimited time for claims: if your ex-spouse has remarried, the chance to make financial claims usually ends.
This is often called the ‘remarriage trap’ because remarriage can prevent former spouses from making future financial claims against each other.
However, there are some important details:
- Remarriage generally ends claims for most assets.
- But pension claims can still be made even if the ex-spouse has remarried.
- This is a complex area of law, so it’s always best to get legal advice.
How to Protect Yourself From Future Claims
Now that you understand there is no time limit to claims, here are some practical steps you can take to protect yourself:
1. Get Professional Legal Advice Early
Whether you’re about to divorce or have already done so, it’s important to get advice from a family law solicitor. They can explain your rights and help you reach a fair financial settlement.
2. Finalise Your Financial Agreement With a Consent Order
Make sure any financial agreement is approved by the court through a Financial Consent Order. This legally binds both of you and prevents future claims.
3. Consider Mediation or Arbitration
If you and your ex-spouse find it difficult to agree, family mediation or arbitration can help. These are less confrontational and expensive than court. Once you reach an agreement, it can be made legally binding through a Consent Order.
4. Don’t Delay Sorting Out Finances
Delaying the process can affect your ability to claim or protect your interests. The longer you wait, the harder it can be to resolve disputes fairly.
5. Review Your Financial Situation Periodically
If you divorced without a financial order, regularly check your financial position. Changes in assets or circumstances could open the door to claims or require you to consider making a claim.
What If You Want to Make a Financial Claim After Divorce?
If you want to make a financial claim years after your divorce, you will need to apply to the family court. Here are some things to expect:
- The court will look at your current financial circumstances and those of your ex-spouse.
- The court can consider assets acquired after the divorce, not just those you had at the time.
- You will need legal representation or advice to navigate the process.
- The court aims to reach a fair settlement based on your situation.
Conclusion
To answer the question simply: You can claim assets after divorce at any time, as there is no legal time limit in the UK, unless you or your ex-spouse have remarried.
This means it’s very important to make your financial settlement legally binding by obtaining a Financial Consent Order when you divorce. Doing this protects both of you from future claims, saves time and money, and gives peace of mind.
If you divorced without finalising finances or only have an informal agreement, be aware that either you or your ex-spouse may make claims in the future. This can lead to unexpected legal battles, even decades later.
If you are currently going through a divorce or thinking about claiming assets after divorce, seek professional legal advice early. This will help you understand your rights and make sure your financial future is secure.
Useful Tips Recap:
- There is no time limit to make financial claims after divorce.
- A Financial Consent Order is the safest way to finalise finances.
- Informal agreements are not legally binding.
- If your ex-spouse has remarried, financial claims are usually barred except for pensions.
- Act quickly to protect your rights.
- Get legal advice to avoid costly mistakes.
