Clean Break Orders in Divorce

A clean break consent order makes it clear that neither of you will make a financial claim against the other in the future.

This extends to Wills and the ability to contest a Will. If a Clean Break Order was not obtained at the time of divorce then the ex-spouse could challenge a Will made after the divorce.

A simple clean break order prevents any financial claim either of you may have against the other, now or at any time in the future.  You are guaranteeing that there will be no nasty surprises down the line.

Due to the inherent time limits on child maintenance payments, their existence in a financial settlement does not mean that a clean break divorce cannot be achieved.  Child maintenance payments are required by law until the child reaches 21 or leaves full-time education, whichever comes first.

In this case, it may be possible to get a 'Deferred Clean Break Order' which will become active once certain conditions have been fulfilled i.e. the children reach the age of 21.

There is no such thing as a clean break to dismiss all future financial claims between a parent and a child.

Usually, the court will not get involved in child maintenance unless it is an amicable decision that has been put into an Order that the court has been asked to approve.

Child maintenance is usually dealt with under the Child Maintenance Service (CMS) as this provides a more flexible approach than it being in a court-approved order and makes it possible to take into account a change in circumstances without having to go back to court.

In most cases, the best advice is not to leave financial settlements for another day.

To find out what the best course of action is for you, pick up the phone and talk to us about it.  We’ll be happy to help.

Nobody knows what the future may hold.  The risk of future claims on your finances is very real.

There are several high-profile examples of people, with relatively modest assets at the time of a divorce, coming into significant wealth later in life.  As there was no clean break order in place, the ex-spouse has then successfully claimed a portion of this new money.  Even if it was acquired many years later.

If you want tailored advice about obtaining a clean break order, contact us today for a free initial discussion.

If an agreement has been made between the parties, we are able to draft an order for a fixed fee £650 +VAT and a court fee of £60.

We are unable to advise whether an agreement that has been reached between you was in your best interests without having full financial information from both parties.

If you wish to instruct us in negotiations, our fees will be higher than previously mentioned. Our fees would depend on the amount of work carried out by the solicitor. We will be able to provide an estimate as to costs once when have taken instructions.

A Clean Break Order is necessary in divorce or separation cases when both parties want to sever financial ties and prevent any future financial claims against each other. It ensures a final resolution of financial matters and provides clarity and certainty for both individuals involved.

A Clean Break Order is particularly relevant in situations where the parties desire a clean break and want to move forward independently without ongoing financial obligations or potential claims.

By obtaining a Clean Break Order, individuals can protect their assets, future income, and financial independence, knowing that neither party can make further financial claims in the future.

n many cases, it is possible to achieve an immediate clean break concerning capital, property, and pension claims. Assets such as property, pensions, savings, and investments are divided at the time of divorce, and a court order confirms these arrangements while specifying that no further claims of this nature can be made.

However, achieving an immediate clean break can be challenging when it comes to spousal maintenance. For an immediate clean break in maintenance claims, no ongoing maintenance should be awarded. Whether this is fair and reasonable depends on your respective incomes, expenses, and the presence of young children.

While a Clean Break Order has its advantages, there are potential downsides that individuals should consider before pursuing one.

In cases where one party has limited income or is the primary caregiver for children, a Clean Break Order may not be appropriate. It can eliminate the possibility of receiving ongoing financial support or spousal maintenance, which can act as a safety net in certain circumstances.

By obtaining a Clean Break Order, individuals forfeit the ability to make future financial claims against their ex-spouse. This can pose a challenge if unforeseen circumstances arise, such as a significant change in financial circumstances or increased financial needs due to unexpected events.

A Clean Break Order is a final resolution, and it may not accommodate potential changes in circumstances that could warrant financial adjustments. It restricts the ability to revisit financial arrangements in the future if the need arises.

A Clean Break Order solely pertains to financial matters and does not affect parental responsibilities or child maintenance obligations. Therefore, it is essential to separately address child-related arrangements and financial support for children, which may involve additional legal processes.

It is crucial to carefully consider the specific circumstances of your case and seek professional legal advice to assess whether a Clean Break Order is suitable or if alternative arrangements may better serve your needs.

No, a Clean Break Order is not automatic in divorce. There is no presumption that a clean break will be granted by the court. However, the court has a duty to consider whether a clean break is appropriate in each individual case and when it should take effect.The court takes into account various factors, such as the length of the marriage, the financial circumstances of both parties, the presence of dependent children, and any ongoing financial obligations or needs. Based on these factors, the court will determine whether a clean break is fair and reasonable or if other financial arrangements should be made.It's important to note that parties involved in a divorce can negotiate and agree on a clean break themselves, which can then be incorporated into a consent order. This consent order will need to be approved and granted by the court to become legally binding.A clean break is not automatic in divorce proceedings. Whether or not a clean break order is granted depends on the specific circumstances of the case and the decision of the court.