My Ex Won’t Sign A Clean Break Order | Next Steps

By October 8, 2019

Divorce is often a stressful and complex time for many, but what many divorcing couples do not realise is that a divorce only ends their marriage and not their financial ties.

Without a clean break order, you will be financially tied to your ex-spouse for the foreseeable future. This means that either party could claim against the other’s finances and assets in the future.

What is a clean break order?

A clean break order is a court order that couples going through a divorce enter. It shows how a divorcing couple intends to divide any assets and finances they hold within their marriage. Although a financial order is not required it is a vital document and will prevent any future claims being made against either party.

It’s important to know that a clean break order is an agreement that needs to be signed off by both parties.

How do you obtain a clean break order?

The clean break order has to be drafted by a qualified solicitor, unfortunately, a template off of the internet will not be accepted.

Once your order has been drafted and both parties have signed it, it will then be processed and approved by the court.

Obtaining a clean break order doesn’t need to cost thousands or consume your life. If you and your ex-spouse can come to a fair agreement we can have your agreement draft up by our qualified solicitors for just £199 fixed fee.

Most solicitors firms will charge over £700 + VAT for them to draft your agreed financial settlement.

Can you be forced to sign a clean break order?

No, you cannot be forced into signing a clean break order. You both have to be in agreement otherwise you will have to process your order through the courts.

What happens if your ex-spouse won’t sign your clean break order?

Many divorcing couples can come to an agreement themselves however, others struggle to come to a mutually satisfying agreement.

In some cases creating a clean break order can cause more conflict than the divorce itself.

If you or your ex-spouse are unhappy with your clean break order or you are struggling to come to an agreement then here are some possible options for you to try.

Mediation

We recommend trying meditation first. Mediation involves a third party aiding the discussion between you and your ex-spouse. They will help rationalise thoughts and help you both communicate in a calm and respectful way.

Mediation can also be used to talk through other aspects of divorce, for example, childcare.

Solicitor to solicitor negotiation

Solicitor to solicitor negotiation is often used in high-conflict divorce cases.

In some divorce cases, the couple’s relationship has gone past the point of being able to communicate. In situations like this solicitor to solicitor negotiation is used.

Your solicitor will negotiate with your ex’s solicitor and feedback the information to you. This type of negotiation can be expensive and often time-consuming.

Collaborative Law

Collaborative law is basically a combination of mediation and solicitor to solicitor negotiation.

It refers to four-way meetings which involve the divorcing couple and their respective solicitors. It’s often cheaper than going to court and can keep stress levels to a minimum.

Ancillary relief order

An Ancillary relief order is the last resort, if your ex-spouse is still refusing to sign the clean break order then this is your only option.

An ancillary relief order means taking your order to court and asking the judge to settle your financial matters for you.

If you have any questions, please do not hesitate to contact us today on 01793 384 032

Order Your Clean Break Order Today

Our clean break order service is suitable for couples who have already decided how they intend to split their property, assets and finances but would like them written in a legally binding order. This order will also prevent any future claims being made against each other.

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