Do I Need a Financial Order if I Have no Assets?

Posted on: 6 mins read
Last updated:
Lorraine Harvey

Partner, Family Law

Share Article:

A financial order is a legally binding document which outlines how matrimonial assets will be divided following a divorce.

People often assume that finances are dealt with as part of their divorce, but this couldn’t be further from the truth. In fact, that’s exactly what Financial Orders are for. Without them, there would be no legally binding way of knowing who owns what, and how the finances are split.

Even if it’s just a joint bank account or savings you share with your soon to be ex-spouse, that still counts as a financial asset or thing to be split up and protected! It’s important to work this out and discuss it with your ex-spouse, so you are both on the same wavelength when it comes to splitting up the finances.

Of course, it can be difficult to discuss these things with your soon to be ex-spouse. Finances are a difficult topic of conversation for any couple, let alone when a couple is in the process of separating, and it can be even worse if the divorce has been messy so far.

A lot of people think that if they don’t have much to split between them, they won’t need a financial order when they divorce. But a financial order does much more than just stating who gets what when you separate, and can still be important, even if there aren’t any assets involved.

In this article, we’ve answered some of the most commonly asked questions around financial orders for couples who are separating with limited assets.

For more information that is tailored to your situation, get in touch with our expert Family and Divorce Lawyers.

Get in touch today!

To learn more about how our expert family law solicitors can help you, get in touch today on 0808 239 3465 or

How Could a Financial Order Help me in the Long-Term?

One of the most important aspects of a financial order is that it dismisses future claims from being made by your ex.

Until claims arising from the marriage have been officially ended by an order, they will remain in place and can still be pursued long into the future. This means that if your financial circumstances improve – either through a promotion, receiving inheritance, or winning the lottery – your ex could try and seek a share of this money.

In England and Wales, it is only a financial order that can give you full protection from claims being pursued by your ex in the future. A divorce will end your marriage, but it will not protect any future wealth or assets you acquire.

That’s why a Financial Order is a great thing to get when you’re in the process of a divorce. Whatever you might need to protect now and in the future, a Financial Order is useful in helping to make sure that your ex doesn’t try to stake their claim and get some of your money.

Which Financial Order is Right for me?

If you and your ex don’t have any assets to split between you, a Clean Break order will dismiss both your rights to request further financial provision from each other in the future.

This order will remain in place until after death and will prevent any claims being made against your estate that could cause problems for your loved ones.

On the other hand, if you do have assets split between yourself and yourex, there are other options and Financial Orders you can use and get. It’s important to make sure that you assess these options so you can figure out which Financial Order or Orders work best for your situation.

If you need some extra advice when it comes to deciding on which Financial Order or Orders to get to help split up and protect your finances and assets during and after divorce, we can help. At Simpson Millar, our team of experts are here to provide open and honest advice to help you find the right option for you.

We can aid in assessing your case and based on what you tell us, we can recommend a Financial Order or Orders we think would best suit your situation. Our advice is always tailored to our clients, which is why we seek to truly understand their circumstances and their financial situation and case. This way, we can help provide the right information, and we can answer any questions or set right any worries or concerns you may have about your case and its progress.

Once we’ve all decided on the best course of action, we can guide you through the process of whichever route you’ve chosen.

Will I Need to use a Solicitor?

An experienced Divorce Solicitor will be able to put your financial order into writing and submit it to the Court on your behalf. By using a Solicitor, you’ll have peace of mind that the order will be worded correctly so that there will be no potential for claims to be made against you later on.

That’s why, a lot of the time, it’s useful to have a solicitor who can both represent you and act as a legal sounding board, providing answers and advice. This way, you won’t have to deal with the confusing and sometimes difficult legal side of things on your own. In turn, this will really help take some of the weight and burden off your shoulders, so that the divorce process doesn’t have to be extremely stressful.

Having a simple financial order drafted or checked does not have to be a lengthy or expensive process, but it can be invaluable in terms of saving you money in the future.

If you aren’t sure if you need a financial order or you would like to understand your legal position in more detail, our specialist Family and Divorce Lawyers can help. Get in touch today for initial advice.

Get in Touch

If you’re just about to start the process of getting a divorce and you’re looking to get a Financial Order, get in touch with our Family and Divorce Lawyers. We specialise in this area of the law, meaning we know how to help you and work with you to get you the result you’re looking for.

We understand how difficult divorces are, especially when the separation process has been particularly tough or messy. These things can leave you feeling broken, and you might need to take some time to work on your mental health. If this is the case, we can signpost you to some resources, including specialised support groups and therapy, as well as organisations and written resources about dealing with divorce.

In addition, we can help you work around the issues you may have when it comes to discussing financial issues with your ex. We get that you’ll probably want to avoid conflict wherever possible, and sometimes, you might not even want to talk to your ex at all. We’ll take this all into account and come up with some solutions, making sure that the financial decisions are still being made. This way, we’ll ensure that the process of getting a Financial Order isn’t impeded. Whether it’s using negotiation, mediation or something else, we’ll find the right way of agreeing terms – whatever works best for you and the other parties involved.

We also know how stressful and stressful it can be to have to wonder what’s going on with your divorce case and your Financial Order. This is why we’ll always send you progress updates and explain what’s going on at every step along the way, so you don’t have any additional things to stress about during these difficult times.


UK Government. (n.d.). Get a court to decide. Retrieved from

Money Helper. (n.d.). Clean break or spousal maintenance after divorce or dissolution. Retrieved from

Mediate UK. (n.d.). When can I get a clean break and what happens if I don't get one? Retrieved from

Want to speak to one of our Family Law team?

Fill in your details and one of our team will call you back

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose