Q&As

Where a petitioner does not indicate an intention to apply for a financial order in the divorce petition, can they subsequently seek a financial order after the decree nisi has been pronounced?

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Produced in partnership with Marisa Allman of The 36 Group
Published on LexisPSL on 25/03/2021

The following Family Q&A produced in partnership with Marisa Allman of The 36 Group provides comprehensive and up to date legal information covering:

  • Where a petitioner does not indicate an intention to apply for a financial order in the divorce petition, can they subsequently seek a financial order after the decree nisi has been pronounced?

It is assumed for the purposes of this Q&A that the applicant has not remarried or formed a subsequent civil partnership since the divorce.

Family Procedure Rules 2010, SI 2010/2955, 9.4 provides as follows:

‘An application for a financial order may be made–

(a) in an application for a matrimonial or civil partnership order; or

(b) at any time after an application for a matrimonial or civil partnership order has been made.’

It is clear from this that the application for financial provision can be made at any time after a divorce or d

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