Clean break orders in divorce – Why are they important?

By April 8, 2016

What is a clean break order in divorce?

You may have heard the term ‘clean break’ in reference to divorce before, but what exactly is a clean break order in divorce?

A clean break in divorce happens by obtaining a court order whereby divorcing parties agree upon how they will separate their finances and assets such as property and pensions.

Obtaining this type of legally binding court order is the only way to prevent future claims in the future.

An example of a basic and common clean break order would involve the matrimonial property being sold and the pensions are shared so that both parties receive a fair division of assets within the marriage.

Without obtaining a court order after divorce stipulating these terms, you will be open to financial claims against you in the future.

There have been many high-profile cases in the news regarding spouse’s having to pay the other party hefty sums of money years after the divorce, most notably the case of Nigel Page.

Following cases such as Nigel Page, people are becoming increasingly aware that it is in their best interests to obtain a clean break order when they divorce.

Although these circumstances are rare, it applies to everyday life, for example, should you come into any inheritance or your circumstance change at work and become wealthier your spouse may be entitled to claim against you.

Before getting into the specifics of financial agreements and clean breaks, we wanted to put together a checklist to make sure you are ready to think about arranging a financial order.

Clean Break Checklist

  • You need to be amicable with your spouse to discuss a fair settlement
  • You need to be open and honest when discussing your finances and assets
  • You should seek legal advice to make sure your agreement is fair

If you and your spouse aren’t amicable and calmly discussing your finances isn’t an option then you should find a solicitor or mediator to help you come to a fair resolution without needing to speak with your ex-partner.

What assets typically go into a clean break order?

A clean break order typically covers the division of the matrimonial home, any assets within the marriage, maintenance and pensions.

A clean break can also deal with things such as;

  • Debt
  • Lump sums
  • Business assets
  • Property (the division of the matrimonial home)
  • Pension sharing (how will pensions be divided, if at all)
  • Any savings you have within the marriage
  • Overseas property or money

Amicably agreeing upon a fair financial settlement without involving solicitors will dramatically reduce the cost of a clean break, but if there are substantial assets involved it’s best to get in touch with us to discuss the details first.

You also need to bear in mind that if the judge making the order on your clean break deems the agreement to be unfair, they can ask you for further information on how you came to this arrangement or give directions on making a fair settlement.

For any further information or advice please call us for a free consultation on 01793 384 032.

Clean break orders and children – what are the rules?

There can never be a clean break where children are concerned and either parent can still claim for financial provision for their children after the divorce if a party considers the child has needs that have not been met.

The parties can either have the child maintenance set out in a court order, come to their own arrangement or apply to the Child Support Agency to deal with it for them if they cannot agree or the paying party stops paying.

Have a qualified solicitor with over 10 years experience in family law draft you an individual clean break order for just £139. This same service with a solicitor costs over £750.

Clean Break Order Service £139

Financial orders in divorce

Other financial orders can also be made in a divorce, which would mean there is not a clean break until certain things have been done.

Here are some examples where a clean break order would not be appropriate;

  • Where one party remains in the family home
  • Where maintenance is paid to one party after the divorce, usually for a defined period

Consent orders in a divorce

When the parties have either agreed between them or by negotiation through solicitors or mediators, they are able to lodge an agreed financial order with the court.

This is commonly known as a consent order, which is the most common type of financial order in a divorce.

How can Quicke Divorce help with a clean break order?

We are able to advise you on the type of financial order you will need and have any settlement you have reached turned into a legally binding court order.

Our divorce solicitors will be able to draft the order and all necessary forms you will need to be able to file your financial order by consent.

Our most popular service is a divorce and financial order service which costs just £269 incl vat + court filing fees.

Please call us on 01793 384 032 and speak to one of our experienced team about your situation and how we can help you.

Quicke Divorce have drafted over 50,000 clean break orders since 1999, helping you save hundreds on the cost of your financial agreement.

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