My Ex-Spouse/Civil Partner is Delaying the Financial Settlement

A financial settlement is a legally binding agreement that sets out how assets such as property, pensions and savings, and any ongoing financial responsibilities will be divided between former spouses or civil partners following a divorce or civil partnership dissolution. This agreement can be reached by mutual consent and formalised through a court approved consent order, or it can be determined by the court if the parties are unable to agree on the terms. The purpose of a financial settlement is to provide clarity, finality, and legal protection for both individuals, helping to avoid future disputes.

Crucially, without a formal settlement in place, either party may remain financially vulnerable, as the other could bring a claim at any point in the future, even many years after the divorce has been finalised. A properly drafted and approved financial settlement offers peace of mind by legally severing financial ties and ensuring that both parties are protected from any unexpected claims in the future.

What Can You Do If Your Ex-Spouse or Civil Partner is Causing Delays?

If your ex-spouse or civil partner is avoiding financial discussions or refusing to provide necessary information, you are not powerless. The first step is usually to attempt resolution through negotiation or mediation. Mediation provides a structured environment with an impartial professional to help both parties reach an agreement and can often prevent the need for court. If they refuse to engage or continually delay the process, however, you can apply to the Family Court to move things forward.

Applications for a financial order are made using a Form A. This formally starts the court process and sets a clear timetable for financial disclosure and negotiation. Once proceedings begin, both parties are required to provide full and honest disclosure of their financial position. The court can impose deadlines and issue penalties for non-compliance, including costs orders or drawing adverse inferences from missing information.

When Should You Apply to the Court?

While court should be seen as a last resort, it can become necessary if delays are significant or if mediation has failed to produce an agreement. The court process introduces structure and ensures that both parties are required to follow a clear and legally enforceable procedure. Once you apply, the court will list a series of hearings, starting with a First Appointment. At this stage, the judge may order further financial disclosure, identify any missing information, and set a timetable for resolving the remaining issues.

If your ex-spouse or civil partner continues to delay matters or refuses to comply with court directions, the court has the power to take action. This can include issuing cost penalties or continuing the case without their input. Judges take a dim view of parties who obstruct proceedings or fail to engage with the process, and repeated non-compliance can seriously affect the outcome of the case.