The £1.75 Million Mistake: Why an Unsealed Consent Order leaves your wealth at risk

When your Final Order of divorce is granted, it is natural to breathe a sigh of relief, assuming your financial ties are completely severed. However, ending a marriage does not automatically end financial claims.

In the High Court case of Lin v Par [2025] EWFC 401, the husband found himself facing a £10 million financial remedy claim from his ex-wife more than 20 years after divorce. 

The couple separated in 2000 after a 9-year marriage. They had no children together. At the time of separation, they agreed a clean break and equally split their modest assets, which was documented in a draft Consent Order. For unknown reasons, the draft Consent Order was never sent to the Court to be approved and sealed in the usual way. 

Believing the matter closed, the husband moved on and built a highly successful business. Decades later, realising the Order lacked a Court Seal, the ex-wife, encouraged by a man who approached her and became her friend and adviser, issued a claim against the ex-husband’s newly acquired wealth. She argued that the original agreement should be disregarded because of material non-disclosure by the husband at the time of the agreement and that she entered into the agreement under undue pressure. 

Ultimately, Mr Justice Peel dismissed the wife’s claim. He decided that the original agreement still held weight, noted the monumental 20 years delay in bringing the claim and emphasized that the husband’s wealth was entirely generated post-separation. 

Yet, this was a financially devastating victory. Defending the ghost of his past marriage cost the husband a staggering £1.75 million in legal fees. 

The legal reality is that an informal agreement or even a properly drafted but unsealed Consent Order is not a watertight shield against financial remedy claims. To achieve a true clean break and protect your future assets, you must properly formalise your financial arrangements by way of a Financial Consent Order which is scrutinized, approved and sealed by a Judge. 

For more information and/or advice on Financial Consent Orders, please contact the experienced family team via our contact page: Contact Us – SE Solicitors.

The content of this article is a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.