Reopening a Financial Claim After a Divorce

It may be possible for you or your former husband or wife to reopen a divorce financial claim if you didn’t obtain a clean break financial court order at the time of your divorce.

A recent court decision has highlighted the need for specialist family law advice on whether a delayed court application is appropriate and on the best way to approach your ex-partner.

At Evolve Family Law, our divorce settlement lawyers provide expert advice on financial settlements and court orders.

Contact Evolve Family Law for specialist divorce and financial settlement advice.

Divorce and financial settlements

Some people get divorced but either accidentally or deliberately don’t finalise their financial claims. Here are a few situations where one ex-spouse could either bring a delayed financial claim against their former spouse or reopen a claim:

A couple divorced but did not sign a separation agreement and didn’t ask the court to make a financial court order because they did not see the need to do so, as neither owned property nor had much wealth.
A couple separated and divorced, but didn’t ask the judge to convert their separation agreement into a binding financial court order because they did not understand the difference between a separation agreement and a court order.
A couple went to family mediation and negotiated an agreement. However, they didn’t convert their memorandum of understanding into a court order, as neither considered it necessary to incur the costs of obtaining one.
A couple obtained a financial court order at the time of their divorce proceedings, but the financial order left some financial claims open, such as future spousal maintenance claims.

Is there a financial agreement or clean break order?

If you are uncertain about whether you have a financial court order or whether your order is a clean break order or not, then it’s best to speak to a family law solicitor. The status of a document or the wording in a separation agreement or financial court order can be confusing. That’s why it’s best to get a professional opinion.

The need for advice applies if:

You are an ex-spouse wondering if you can begin a late financial claim or ask for additional money, or
You are a former spouse concerned that you are vulnerable to your ex coming after you for a share of the wealth and assets accumulated after your separation.

The importance of getting specialist family law advice on late financial claims

The recent court case of LIN v PAR [2025] EWFC 401 (21 November 2025) has highlighted:

It is essential to obtain a financial court order at the time of your divorce, even if your assets are modest, you did not have children together, you signed a prenuptial agreement or were only married for a few years.
The importance of how you approach a financially stronger ex-spouse if you want to bring a delayed financial claim.
The need to get expert advice to assess if a financial settlement claim is likely to be successful after a substantial delay between the date of the divorce proceedings and the late financial claim.
The benefits of trying to negotiate rather than litigate a financial settlement claim.
The importance of assessing whether the legal costs in a delayed financial settlement claim will outweigh the value of the potential financial settlement.

The court decision in Lin v Par

A former wife applied for a financial court order after divorcing her ex-spouse over 20 years earlier. She was able to do this because she and her ex-husband had not obtained a financial court order at the time of their divorce.

At the time of their divorce, the couple reached a financial agreement that involved a roughly equal split of their then-modest assets. At the suggestion of a friend and advisor, the ex-wife alleged that her ex-husband failed to provide full financial disclosure, rendering the agreement unfair and invalid. Her ex-husband disputed this.

The ex-wife was encouraged to make a delayed financial application as her ex-husband’s financial circumstances had changed significantly over the 20 years since their divorce, with the ex-husband said to be worth over 100 million. The ex-wife’s first solicitors asked for a preliminary payment of 10 million and an undertaking not to dispose of assets until her financial claim was resolved. Unsurprisingly, the letter came as a shock to the ex-husband as he had not had contact with his ex-wife for over 12 years.

The judge ruled:

There had not been any substantial non-disclosure or undue pressure when the couple negotiated the financial agreement at the time of the divorce proceedings.
Delay in bringing a financial claim and the extent of the delay are relevant factors when the court assesses the fairness of making an order.
A hostile first letter can set the tone for the future negotiation and the decision to commence a financial remedy application.
One spouse’s substantial wealth compared to their former partner’s finances does not justify the court making an order in favour of a financially weaker ex-spouse.
An ex-spouse is not responsible for meeting the ongoing and future needs of their former husband or wife when their needs were not relationship-generated.

The court made no financial award in favour of the ex-wife, holding that the husband’s £100m business and other assets were generated after the couple had reached a financial agreement and shared their assets. However, to secure that court ruling, the ex-husband spent nearly £1.8m on his legal fees and in contributing towards his former wife’s legal expenses.

Every family court decision is made on the facts. Therefore, in other circumstances, a judge may have been persuaded to make a financial court order in favour of the ex-wife. That risk can be avoided by securing a clean break order at the time of the divorce proceedings or by subsequently negotiating an order.

Reopening a financial claim after a divorce

The decision in Lin v Par should not deter ex-spouses from seeking advice on reopening a financial claim after a divorce, but you should take specialist advice on the best way to do so and the likelihood of a successful negotiation or court claim.

At Evolve Family Law, our divorce settlement lawyers pride themselves on offering commercial, pragmatic legal advice tailored to your situation. The fact that you have the right to bring a claim does not necessarily mean you should do so. Equally, ignoring the risk of an ex-spouse resurfacing and asking for millions is something that your family law solicitors can help resolve by negotiating a clean break to give you financial certainty and security.

A conversation about your old financial agreement or court order does not commit you to reopening a financial claim, but it will give you an indication of what you could do so you can make informed choices.

Contact Evolve Family Law for expert divorce and financial settlement advice.