How to Get a Divorce Without Financial Settlement
By Michelle Solomon, Family Mediation Services
How to divorce without financial settlement? As an accredited family mediator and solicitor with over 25 years in practice, and 14 years as a specialist in family law financial settlements and child arrangements, I’ve seen just about every version of a separation you can imagine!
Over the years, many of my mediation clients have wanted to quietly get divorced without lawyers. In mediation, I often hear one party say, “We’re agreed on pretty much everything.” And in truth, they usually are.
But here’s what tends to happen: because they want everything to be airtight, they often feel pressured to go down the formal legal route, involving solicitors and the court system. This can be an important step—but it isn’t always a necessary one.
Can You Divorce Without a Financial Settlement?
Yes, you can legally divorce without a financial settlement agreement. But here’s the catch: the finances remain a loose end.
The question is this—do you want to leave those ends untied or tuck them away securely for peace of mind, even if it costs a few thousand pounds?
As someone who’s been divorced myself, I can say from personal and professional experience: it is not always essential to have a written financial order. That’s a secret few lawyers will openly admit. And yet, in some cases, it’s true.
The key question is simple but powerful:
How much do you trust your ex not to come after your future assets—say, your lottery winnings—20 years from now?
Do I Need a Financial Agreement After Divorce?
Here are 7 things to consider before deciding whether to formalise your financial separation:
- If you won the lottery 20 years after your divorce, would they come after your winnings?
Courts have seen cases like this. If there’s no financial settlement order, it’s legally possible. - Do you have any assets in joint names?
And how much did each of you contribute to them? Even if you’re agreed now, your positions may change. - How long were you together?
Longer marriages often lead to more complex claims around property, pensions, and maintenance. - What’s the cost of a written agreement through mediation?
Mediation is often faster, more amicable and significantly cheaper than going through solicitors or court. Our services are affordable and most clients will pay around £1,000. - What is the cost of a contested court application?
A financial court battle can cost thousands, even tens of thousands, and may take months or years to resolve. - What is your post-separation relationship really like?
If communication is open and respectful then an informal arrangements may last. If not, a clear agreement might protect both sides. - Do you have children?
While child arrangements are a separate legal issue, unresolved financial tension can impact your co-parenting dynamic.
When Might You Not Need a Financial Order?
You might not need a financial settlement in divorce if:
- There are no shared assets or debts.
- Both parties are financially independent.
- There’s total trust between you.
- You’re comfortable living with the uncertainty.
However, for many, a simple consent order from a solicitor or mediator provides clarity and finality. And in some cases, not having one can backfire especially if one person’s situation changes dramatically years later.
Final Thoughts: Should You Get a Divorce Without Financial Settlement?
Choosing to divorce without a financial settlement is a personal decision—but one that comes with legal and emotional consequences.
At Family Mediation Services, I support clients who want to stay in control, avoid unnecessary legal costs and reach peaceful agreements. Mediation gives you the chance to have these conversations in a calm and constructive space, without jumping straight into court proceedings.
Sometimes, the right thing is to put something in writing even a simple document to record your shared understanding. Other times, walking away with mutual trust may be enough.
But either way, it should be your choice, not the system’s!
Michelle Solomon
Family Mediator & Solicitor
Founder, Family Mediation Services
25 years in law | 14 years in mediation @ 2025