Can I delay my final order until our finances are sorted

Yes, and in most cases you should. Applying for your final order (previously called decree absolute) before your finances are resolved is legally allowed, but family solicitors almost universally advise against it. It can put pension rights, inheritance protections, and future financial claims at risk, and once your final order is granted you cannot undo it. The safest approach is to wait until a financial consent order has been agreed and sealed by the court before applying.

What is the difference between the final order and a financial order?

These are two completely separate legal processes, and this is one of the most common points of confusion for people representing themselves.

1. The final order (called decree absolute before 6 April 2022) is the document that legally ends your marriage. Nothing more.
2. A financial order (or financial consent order, if you've agreed terms) is the separate document that legally divides your money, property, and pensions.

You can apply for the final order without a financial order in place. The court will not stop you. But doing so does not settle your finances — it only ends the marriage.

Why does applying for the final order too early put me at risk?

Three specific risks come up repeatedly in real cases.

1. Loss of pension death benefits. If your spouse dies after the final order is made but before your financial settlement is finalised, you lose any entitlement to a widow's or widower's pension and are treated in law as having pre-deceased them for inheritance purposes, unless their will says otherwise. If your spouse dies before the final order, you keep those protections. This is the single biggest reason solicitors advise waiting — see GOV.UK's guidance on applying for a final order.
2. A pension sharing order will not take effect in time. If your financial order includes a pension sharing order, it only comes into force on the later of your final order being granted or 28 days after the pension sharing order was made. If you apply for your final order immediately, your divorce could complete before those 28 days are up. If your ex-spouse dies in that window, the pension share cannot be enforced.
3. You lose your matrimonial home rights. Under section 30 of the Family Law Act 1996, both spouses have a right to occupy the family home until the final order is made, even if the property is only in one spouse's name. That protection ends the moment your final order is granted.

Can either of us still make a financial claim after the final order?

Yes. There is no automatic time limit on financial claims arising from a marriage, so in principle a financial application can still be made years later. But delay weakens your position, and if either of you remarries before applying, you lose the right to apply for a lump sum, property adjustment, or spousal maintenance order for your own benefit (you can still apply for a pension sharing order, and applications for the benefit of children are not affected). This is exactly the gap a financial consent order is designed to close.

What can I do if I'm worried my ex will apply for the final order too soon?

1. Ask for an undertaking. If you are the financially weaker party and there's no financial order in place yet, you can ask your ex-spouse (or their solicitor) to give a written promise not to apply for the final order until finances are resolved.
2. Apply to the court to delay it. If they won't agree, you can apply under section 10(2) of the Matrimonial Causes Act 1973 once the conditional order has been made, asking the court to prevent the final order being granted until your financial position has been properly considered. Courts only grant this in limited circumstances, so it is worth understanding what your financial order is likely to include before relying on it.
3. Get your financial order moving in parallel. The divorce process and the financial process run on separate timetables — starting financial remedy proceedings, or negotiating a consent order, doesn't have to wait for the final order and often should happen first. See our guide on what is a consent order and do I need one and our financial remedy pillar page for the full process.

Is there any situation where applying for the final order early is fine?

If there are genuinely no shared assets, no pension to divide, and nothing either of you could ever claim against, some couples do proceed without a financial order. But most family solicitors still recommend getting a clean break consent order in these cases, because without one, either of you technically remains able to bring a financial claim against the other at any point in the future — even after remarriage in limited circumstances, and certainly before it. "We don't have anything to argue about" is not the same as "there is a legally binding order confirming that."

Going through this without a solicitor is difficult, particularly when you're trying to work out whether it's safe to apply for your final order. Access to Justice is built for people in exactly this position — it explains what's happening at each stage and helps you understand what to check before you take an irreversible step. Try it free.

Frequently asked questions

Who can apply for the final order?

Either spouse can apply once at least 6 weeks and 1 day have passed since the conditional order was granted. If the applicant doesn't apply, the respondent can apply themselves after a further 3-month wait, using Form D36 and Form B.

Does the final order automatically finalise our financial settlement?

No. The final order only ends the marriage. Your financial settlement is a completely separate document and process, and one does not trigger the other — applying for one has no bearing on where the other stands, and you can pursue them on different timelines.

What happens to jointly owned property if we get the final order without a financial order?

The property ownership itself doesn't change automatically. But your matrimonial home rights under the Family Law Act 1996 end when the final order is granted, which can affect your ability to stay in or have a say over the property.

Can I stop my ex from applying for the final order?

Only in limited circumstances, usually by applying to the court under section 10(2) of the Matrimonial Causes Act 1973, or by securing an undertaking from them beforehand. Simply objecting informally does not stop the application — you need a formal route, and courts don't grant this automatically.

If my spouse dies before the final order is granted, am I still their widow or widower?

Yes. Until the final order is made, you remain legally married, which means you keep any pension death benefits, inheritance protections, and the rights that come with being a surviving spouse — this is one reason some people deliberately delay applying for the final order.

Do I need to wait for a full financial order, or is an interim agreement enough?

An informal or interim agreement is not legally binding and does not protect you the way a sealed consent order or court-ordered financial order does. Only a court-approved order gives you certainty — without one, either person can walk away from the arrangement at any time.

How long does it typically take to get a financial consent order in place?

This varies enormously depending on complexity and whether you and your ex-spouse agree on terms, but it is rarely instant. This is part of why applying for the final order early, before that process has concluded, carries risk — you may finalise the divorce before your finances are secure.

This article provides legal information about the timing of the final order in divorce proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.