6 Ways to Protect Your Wealth Before Your Final Divorce Order

Divorces can move quickly. A final divorce order can arrive before your finances are settled, and that sequence matters more than most people realise.

In England and Wales, the final order ends your marriage. It doesn’t divide your assets, protect your pension or prevent future claims. Without a financial order in place, you remain exposed.

We’ve put together six ways to protect your wealth before that final order is granted.

What is a final divorce order?

A final divorce order, previously called a decree absolute, is the legal document that ends your marriage. Once granted, you are no longer married and are free to remarry.

Under current law, you can apply for the final order six weeks and one day after the conditional order. The process can move swiftly but speed is rarely your friend when finances remain unresolved.

For a general view of the process, see our page on finances and divorce.

Why does timing matter?

The final divorce order doesn’t automatically divide property, savings or pensions. These must be addressed separately through a financial order approved by the court.

If you obtain the final order before a financial settlement is in place, several problems can arise.

• You may lose widow or widower rights to your spouse’s pension.
• Capital gains tax reliefs for transfers between spouses end.
• Certain trust or pension benefits may become inaccessible.
• And without a consent order or financial order, your former spouse can still make financial claims against you, even years later.

1. Delay the final order until finances are resolved

This is the single most important step. Solicitors routinely advise clients to wait before applying for the final divorce order. The reason is straightforward; once the marriage ends, so do certain protections.

If one spouse dies before the financial settlement is finalised, the surviving spouse may lose automatic entitlement to pension death benefits and inheritance rights. Pension sharing orders only take effect after the final order, so the timing must be coordinated. Beyond that, applying too early weakens your negotiating position and can leave valuable claims unprotected.

It’s good practice to secure a sealed consent order before applying for the final divorce order.

2. Secure a consent order or financial order

A consent order turns your financial agreement into a binding legal document once the court has approved it. It records how you and your spouse have agreed to divide assets and handle ongoing financial responsibilities.

Without this document, any informal agreement has no legal force. Either party could later claim a share of property, savings, pensions or other assets. A consent order closes that door. It can also include a clean break provision, so that neither party can make further financial claims in future.

For more details on how these work, see our guidance on consent orders.

3. Complete full financial disclosure

Full financial disclosure is the foundation of any fair settlement. Both parties must provide an honest account of their assets, income, liabilities and financial needs. In formal proceedings, this is done through Form E.

Disclosure isn’t optional. If assets are hidden or understated, any agreement based on incomplete information can later be challenged and set aside. Proper disclosure protects both parties, and it also helps identify what is available to be divided and where the pressure points lie.

Read more on financial disclosure and the Form E process.

4. Address pensions early

Pensions are often one of the most valuable assets in a divorce. They’re also one of the most commonly overlooked.

Pension sharing orders allow a portion of one spouse’s pension to be transferred to the other. However, these orders only come into effect after the final divorce order is granted.

If the final order is applied for before a pension sharing order is in place, there’s a window of risk. Should one party die during that gap, the other may lose their entitlement entirely.

It’s worth obtaining a pension valuation early and understanding how different pension types are treated. Expert advice is often needed, particularly for defined benefit schemes.

See our section on pensions on divorce for further details.

5. Consider pre-existing agreements

If you signed a prenuptial or postnuptial agreement, now is the time to review it. These agreements are not automatically binding in England and Wales, but courts give them significant weight where both parties entered into them freely, with full disclosure, and the terms are fair.

A well-drafted agreement can shape the outcome of financial negotiations and may protect assets you brought into the marriage or received by inheritance. If no agreement exists, this is a reminder that such protections are available for the future.

More information on these arrangements can be found on our prenuptial and postnuptial agreements page.

6. Act quickly if assets are at risk

If you believe your spouse may dissipate, hide or transfer assets before a financial settlement is reached, urgent action may be needed. The court can grant freezing injunctions to prevent the disposal of assets while proceedings are ongoing.

This isn’t a step to take lightly. Applications for freezing orders are serious and require evidence that assets are genuinely at risk. But when that risk exists, acting early can prevent irreversible loss.

Find more about freezing injunctions.

When should you apply for the final divorce order?

The short answer is: not until your financial settlement is legally binding.

The following table outlines the key considerations.

What should you do next?

Each case turns on its own facts including:

• The value of assets,
• the length of the marriage,
• any children
• and the behaviour of both parties all influence how the court approaches a financial settlement.

What matters most is timing. Rushing to finalise the divorce before finances are settled can create problems that are difficult or impossible to reverse. Detailed planning, early disclosure and a clear strategy will put you in a stronger position. If you are dealing with substantial assets, read our guidance on high net worth divorce.