A divorce may bring emotional closure, but financial matters can remain unsettled long after the Decree Absolute. Many are surprised to learn that, in the UK, it is indeed possible to challenge or reopen a divorce financial settlement years after the fact. But this is only feasible in limited situations—and usually with a great deal of legal scrutiny.

No Time Limit Without a Court Order

The starting point is understanding the legal position under English and Welsh law. Under the Matrimonial Causes Act 1973, there is no statutory time limit to bring financial claims following a divorce, provided no final order exists. This means that if a court-approved Consent Order or Clean Break Order was never obtained, either party can apply to the court for financial relief—regardless of how much time has passed.

This loophole has caught many off guard. A marriage might have ended amicably, and assets divided informally, yet years later, one party may initiate a claim for a financial settlement after divorce. The absence of a formal order leaves the door open to claims for property, maintenance, pensions, and even lump sums.

When a Settlement is Legally Binding

The financial settlement becomes legally binding if the court has made a Consent Order. It prevents further claims unless both parties agree to revisit the arrangement or the court grants permission in extraordinary circumstances. Most people finalise their settlements using this route to gain certainty and avoid future disputes.

However, even a court-approved order can be challenged only in specific cases. Courts are extremely reluctant to reopen a matter that has already been settled. The burden of proof is high, and a successful application to set aside an order usually requires one of the following:

  • Non-disclosure:If one party fails to disclose significant assets at the time of the agreement, the court may be persuaded to revisit the settlement.
  • Fraud or mistake:This includes deliberate misrepresentation or relying on incorrect financial information.
  • Barder events:Named after the case Barder v Caluori [1988], this applies when a completely unforeseen event changes the financial circumstances significantly shortly after the order was made.

Without one of these legal justifications, the court will generally not interfere.

Financial Claims Made Years Later

When no court order is in place, the risk of a delayed divorce financial settlement claim is real. The courts have heard cases where ex-spouses have brought claims more than 10 or even 20 years after the divorce.

That said, the passage of time does matter. Courts may be less inclined to grant large awards if the delay has prejudiced the other party. Judges consider both parties’ current financial needs, contributions, and the extent of delay.

Practical Advice

It is in everyone’s interest to formalise any financial agreement through the court at the time of divorce. Doing so provides certainty and finality. Without a Consent Order, a person remains financially tied to their ex-spouse long after emotional ties have ended.

If you believe your ex-partner concealed assets or your circumstances have changed drastically, you may wish to seek specialist advice. Conversely, if you are concerned about a late financial claim against you, consult a family solicitor to assess your position.

Final Thoughts

Yes, it is possible to challenge a divorce financial settlement years later in the UK. However, success largely depends on the legal framework in place and the reason for the challenge. Those with no formal court order remain vulnerable to future claims. Those with an order must demonstrate serious legal grounds to reopen the case.