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Divorce Without a Financial Settlement

Deciding how to divide any financial assets at the end of a marriage is one of the most complicated aspects of finalising a divorce. Obtaining a financial settlement is imperative to achieving a clean break and moving on with your lives, without having the threat of future claims hanging over you.

What is a financial settlement?

Most assets which have been acquired or built up during the course of marriage will be added to the ‘matrimonial pot’ upon divorce. The most important element is normally the matrimonial home, but there can also be substantial assets in the form of pensions, personal savings and business assets.

Once the full extent of the matrimonial pot has been calculated, the divorcing parties must decide how to split the assets. This will involve negotiation and possibly mediation, followed up with an agreement which is written down and turned into a consent order which needs to be rubber stamped by the court to make it legally enforceable. This overall process and the ensuing agreement is known as the financial settlement.

Can you get a divorce without a financial settlement?

Many couples will obtain a divorce without making any formal arrangements regarding finances.

Sometimes this is because they are parting ways amicably and do not wish to enter protracted negotiations about money – and sometimes the financial affairs are so simple and straightforward that it seems like there is nothing to fight over (eg if there are virtually no assets to divide).

The official legal process – obtaining a decree nisi and eventually a decree absolute – does not mandate that the divorcing couple obtain a financial settlement.

And deciding on arrangements regarding any young children from the marriage (eg. which parent they live with and how often they visit the other parent etc.) will generally take a front seat, often leaving financial affairs as more of an afterthought.

What are the implications of not obtaining a financial settlement?

Failure to reach a financial settlement can often lead to problems in both the short and long term. Any loose ends can mean that financial negotiations continue even after the decree absolute comes through and the marriage is officially at an end.

For example, if the shared matrimonial property has not been sold, this might prevent either party from obtaining a new mortgage and starting a new life, but if one party does not wish to sell up this can cause problems which drag out.

Although many couples split up on good terms, once they get new partners this can lead to rifts occurring and disputes arising about finances which were previously not in contention.

Even if everything goes smoothly and seems to be plain sailing, many years later circumstances can change and one party can make a financial claim on their ex spouse. Without a financial settlement (and specifically a consent order) there is no clean break, so claims can be pursued at some point in the future.

Divorce without a financial settlement case study:

Wyatt v Vince: what happened where a couple did not obtain a financial settlement?

In the 2015 case of Wyatt v Vince, the Supreme Court allowed the ex-wife of a multimillionaire to pursue a financial claim against her ex-husband almost 20 years after their divorce. Dale Vince married Kathleen Wyatt in 1981 when they were both impoverished new age travellers living on state benefits.

They separated in 1984 and got divorced in 1992. Mr Vince subsequently founded green energy supplier Ecotricity which led to him accumulating an estimated wealth in excess of £100 million.

In 2010, Ms Wyatt lodged a claim for financial support which was initially blocked by the Court of Appeal. But the Supreme Court overturned this ruling, setting the precedent that there is no time limit for ex spouses to make financial claims against one another (although in the event she was only awarded £300,000).

How do I get a financial settlement?

As has been discussed above, obtaining a financial settlement is quite separate from getting a divorce, even though they should generally go hand in hand.

In order to get a financial settlement, aside from the negotiation, one of the most important aspects is obtaining a consent order – which can either be done through a traditional solicitor or for a fraction of the cost online (also drafted by a qualified solicitor).

If there are no assets to separate, a clean break order can ensure that no future claims are made (ie helping to prevent the type of situation which arose in the case of Wyatt v Vince).

Our Financial Services

We offer a variety of financial consent order services to suit your needs and budget. Our services on average will see you over £750 without compromising on the service you receive.

All our financial settlement services are drafted by our highly qualified solicitors. We are trading standards approved, have a 5-star rating on trust pilot from over 3000 satisfied clients and are part of the solicitor’s regulations authorities.

To find the right financial settlement service for you, use our quick and easy tool below.

Which Financial Order Do I Need Tool V2

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Find out which Financial Order you need following a divorce

Be matched with the ideal service by answering a few simple questions.

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Which stage of the divorce proceedings are you at?
I need to obtain a divorce
I'm already divorced
Do you have any assets to split as part of your financial order? E.g. A family home, pensions or personal belongings
Yes
No, just a clean break

Clean Break Order Service - £199

This service is ideal for couples that want to put their financial split into a legally binding financial order, to ensure no claims by either party can be made in the future.

Ending your marriage doesn't end your financial relationship. This means, even if you don't have assets such as property, pensions or savings to split, you still need to obtain a court order.

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • The order is drafted for you within 28-31 working days.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • Everything can be completed online start-to-finish.
Read More Information On This Service - £199

Managed Divorce & Clean Break - £299

This service involves Divorce-Online handling your entire divorce and the making of a binding clean break order at court, which will put your financial agreement into legal effect following a divorce.

Everything can be completed online at your convenience. It's the most affordable and straightforward way to obtain a clean break divorce. At £299 fixed fee it's excellent value for money.

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Clean break order is drafted by qualified family law solicitors.

  • We handle everything for you, from start-to-finish including dealing with the courts.

  • Track the entire process online via a phone, tablet or laptop. Perfect for busy people.
Read More Information On This Service - £299
Have you reached an agreement with your spouse on your financial split?
Yes
No

Legal Advice Consultation - £99 Service

Speak to our family law solicitors to receive professional legal advice to understand your legal position and where you stand in relation to a financial split.

  • Legal advice is given on your legal position
  • 1-hour telephone call with your solicitor
  • Instantly schedule a call in with your solicitor
  • One low-cost fixed-fee payment of £99
Complete Our Secure Checkout To Get Started - £99
Which assets do you need to split as part of your financial agreement? Select options below.
Division/sale of a property
Division/sale of 2 or more properties
Division/split of pensions
Child maintenance agreement
Spousal maintenance
Division of joint debt(s)
Division of savings
Division of investments
Division/sale of a business
Other
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Detailed Consent Order Service - £399

Our Detailed Consent Order Service is ideal for couples that are looking to put all of their assets and finances into a legally binding financial order, to ensure no claims by either party can be made in the future.

Our solicitors will draft the consent order to your individual circumstances and process the order through the courts for you.

This service can include any/all of the following;

  • Division of pensions
  • Property portfolios
  • Division of business assets
  • Sale or transfer of property
  • Personal belongings
  • Lump sum payments
  • Child/spousal maintenance

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Individually drafted to your circumstances within 31 working days

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £399

Managed Divorce & Consent Order Service - £499

This service is ideal for couples that want to have their divorce completely handled for them whilst putting their financial split into a legally binding consent order.

This service can include any/all of the following;

  • The sale or transfer of a property
  • Division/split of pensions
  • Division/split of property portfolios
  • Division/split of savings
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £499

Managed Consent Order Service - £299

This service involves having our qualified solicitors draft your consent order agreement and file your application with the courts, which will ensure your agreement is made legally binding.

You simply provide us with your financial split information online in your secure account and we do the rest for you!

This service can include any/all of the following;

  • The sale or transfer of a property
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Consent order is drafted by qualified family law solicitors.

  • Everything is handled for you from start-to-finish including dealing with the courts.
Read More Information On This Service - £299

Managed Divorce & Consent Order Service - £399

This service is ideal for couples that want to have their divorce completely handled for them whilst putting their financial split into a legally binding consent order.

This service can include any/all of the following;

  • The sale or transfer of a property
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £399

View our Financial Consent Order Services

Each of our services can help you deal with your finances whilst saving you thousands in legal fees.

You’ll save over £1,000 compared to hiring high-street solicitors

Can include selling property, transferring property, making a pension sharing order or paying over money as well as splitting your assets & money.

Everything is completed online at your convenience

Settlement is drafted by qualified family law solicitors

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