In today’s digital-first world, more couples are turning to online divorce services and simplified procedures to end their marriages quickly and with minimal cost. As a result, it’s becoming increasingly common for couples to finalise a divorce without a financial settlement or financial order in place.
But while this might seem like a cost-effective or straightforward route at the time, avoiding a formal settlement can lead to serious legal and financial complications later — even years after the divorce is finalised.
In this guide, we explain whether you can divorce without splitting assets, why some couples choose to, and why it’s usually a risky move without proper legal advice.
Can You Divorce Without a Financial Settlement?
Yes — you can legally obtain a divorce in England and Wales without entering into a financial settlement. The divorce itself (the legal dissolution of the marriage) is a separate process from the financial arrangements, and the courts will not automatically divide assets unless requested to do so.
However, just because you can divorce without a financial settlement doesn’t mean you should. Unless a financial order is made — by agreement or through the court — there remains a legal risk that your ex-spouse could make a claim on your finances, property, pension or business years later.
We often advise clients that a clean break or consent order is the best way to protect themselves from future claims — no matter how amicable the divorce may seem.
Explore our Financial Settlements page for more information on how this works.
Why Do Couples Choose to Divorce Without Splitting Assets?
There are a number of reasons couples might go ahead with a divorce without a formal financial agreement in place:
Wanting a Quick Solution to Divorce Proceedings
For couples eager to move on quickly — especially when the split is amicable — dealing with finances can feel like an unnecessary delay. Some simply want the legal process over as fast as possible.
Lack of Awareness of Implications
Many people don’t realise that divorce doesn’t automatically sever financial ties. Without a financial order, either party may still bring claims in the future — even after remarriage.
Simplified Divorce Process
The rise of online divorces has made it easy to finalise proceedings without legal advice. While efficient, these DIY processes often skip over vital legal protections, especially in terms of assets and pensions.
A “Clean Break” Agreement
Some couples may agree informally to part ways and keep their finances separate, assuming that this is sufficient. However, unless formalised in a court-approved clean break order, these agreements carry no legal weight.
Consequences of Avoiding a Financial Settlement
Skipping a formal financial settlement may seem harmless at the time — especially if there are limited assets — but it can have serious long-term consequences:
Financial Uncertainty
Without a clean break order or financial agreement, your ex-spouse could still make a claim on any property, inheritance, pension, or earnings you acquire in the future.
Increased Legal Costs
Resolving financial matters after divorce — particularly if one party has since acquired substantial assets — can lead to expensive and drawn-out legal battles. In some cases, they’re far more costly than settling finances during the divorce.
Impact on Future Relationships
Future partners, or even future spouses, may be affected if past financial claims come back to the surface. This can affect property ownership, inheritance plans, and your overall financial security.
Wyatt v Vince: A Cautionary Tale
The 2015 Supreme Court case Wyatt v Vince is often cited as a warning for divorcing couples who don’t resolve financial matters at the time of divorce.
Dale Vince and Kathleen Wyatt divorced in 1992 when they had little money. Years later, Mr Vince became a millionaire after founding a successful green energy company. Because there was no financial order made during the original divorce, Ms Wyatt was allowed to bring a financial claim over 20 years later — and was awarded £300,000.
The court ruled that there is no limitation period on making a financial claim following a divorce unless a clean break or consent order is in place.
Why a Financial Settlement Matters — Even If You Think You Don’t Need One
Even if you and your ex have little in the way of shared assets right now, circumstances change. A new business venture, property purchase, or inheritance could later become vulnerable to a claim.
At Specters, we strongly recommend that all divorcing couples seek a formal financial settlement — ideally through a clean break order — even if you believe there’s nothing to divide. It’s a crucial step to protect your future.
Speak to Our Family Law Solicitors Today
If you’re considering divorce or have already divorced without a financial order, it’s not too late to get the protection you need.
At Specters, our Divorce and Family Solicitors have years of experience helping clients formalise clean break agreements and avoid costly future disputes. Whether you’re dealing with complex assets or a straightforward situation, we’ll help you protect what’s yours.
Call us today on 0300 303 3629 for a free, no-obligation consultation,
or make an enquiry online and we’ll be in touch.
