We often hear divorcing couples desire a “clean break.” However, how many truly understand what that means in a legal context? It refers to a situation in which neither party can make further financial claims against the other from a date specified in a court order. This includes claims for maintenance, lump sums, pension rights, or property. If the court does not cover these claims, former spouses retain the right to make such claims in the future, subject to certain exceptions.
Are clean break orders and financial orders the same?
Clean break orders are a type of financial order in divorce that specifies how assets will be divided. If the order includes a ‘clean break clause,’ it is referred to as a ‘clean break order.’
Are they automatic on divorce?
There is no automatic assumption that a clean break will occur upon divorce. However, the court has a responsibility to evaluate whether one should take place and when it should go into effect.
The court will assess how the financial obligations between former spouses should be resolved shortly after the marriage ends. If young children are involved or if the couple has been married for a long time—mainly if one spouse has been out of work for many years.
How long does it order take?
The time it takes varies based on how quickly you can agree on the terms of your financial settlement and how long it takes the court to process your application.
Unfortunately, there is no specific timeframe. If you can reach an agreement amicably, the process will usually be much quicker than if you need to apply to the court to resolve the matter.
How much does it cost?
The cost depends entirely on the circumstances.
When can you get one?
You can obtain a clean break financial order after you have issued your Conditional Order for divorce. It’s essential to agree on how your matrimonial assets will be divided. The court must approve the terms of your financial separation before issuing the clean break order.
Get expert help.
Navigating your finances during a divorce can be challenging, so seeking specialized legal advice as soon as possible is wise. Our expert divorce solicitors can guide you through your options.
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