The short answer to this question is yes.  While there is no absolute legal obligation to deal with the financial aspects of the divorce, if you don’t do so there is a real risk that that decision could come back to haunt you at a later date. 

The petitioner in the divorce and the respondent (providing they do not re-marry without making a financial claim first) retain the right to make financial claims against their former spouse and their estate (in the event of their death) indefinitely.  If you leave matters open you are leaving it entirely on trust and that your former spouse will not make a claim against your assets if your circumstances change for the better in the future. 

If a long period of time had elapsed since the divorce, and the parties had no assets when they divorced, the court would not automatically consider the claiming party entitled to a share of any new assets obtained by their former spouse. They would have to show a genuine need and persuade the court that it would be fair in all the circumstances of the case. Even if they were unsuccessful however, the other party would no doubt incur significant costs defending the claim.  This is why our strong advice, even in a short marriage where there are no significant assets, would be to obtain a financial order confirming that neither party can make a claim against the other party’s assets in the future. 

George Green’s Specialist Family and Divorce lawyers give advice regularly on divorce and the financial aspects of divorce.   If you wish to discuss your matter please contact Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk) at our Cradley Heath office.  We represent clients from the West Midlands and beyond, including Dudley, Stourbridge, Cradley Heath and Wolverhampton.