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A clean break consent order can be of benefit because: You prevent future claims. You can both move on and so it may be easier to deal with the end of your relationship. It may minimise conflict when separating assets, including your house. It can prevent the expense of defending a future claim.
- This is where the court approves an agreement between you and your former spouse about finances. The agreement means that you and your ex-partner’s...
- A clean break is a type of consent order used after divorce. They mean that your finances become completely separate and neither of you can claim a...
- It is open to couples who are past the Decree Nisi chapter of the divorce process. This type of financial settlement requires cooperation, so you a...
- The financial agreement will cover both of your incomes and all of your assets and debts. You have to agree how the assets will be shared between y...
- What Is A Clean Break Order?
- Why Is A Clean Break Order Important?
- How to Obtain A Clean Break Order
A clean break order is a type of financial order that is issued following a divorce. As the name suggests, it provides a ‘clean break’ between you and your ex-spouse. More specifically, it provides a clean break in terms of your finances. It therefore enables both parties to move forward and to be financially independent of one another. This will b...
If you do not obtain a clean break order, then your ex-spouse is permitted to make further financial claims against you at any point in the future (either for capital, income or both). This is regardless of whether you have been divorced for one year or twenty years. There are a number of legal cases that highlight the importance of obtaining a cle...
To obtain a clean break order, you need to make an application to the court. You can do this once the Conditional Order in the divorce proceedings has been pronounced. It is strongly recommended that you ask a solicitor to draw up the financial agreement for you (referred to as a consent order), and that they then send it to the court for approval ...
A clean break means ending the financial ties between you and your ex-partner (husband, wife or civil partner) as soon as reasonable after your divorce or dissolution. Where there is a clean break, there will be no spousal maintenance payments. The only way you can guarantee that your ex-partner doesn’t try to make financial claims against ...
Mar 14, 2024 · A clean break order is a legally binding document approved by a court that ends all financial obligations between divorcing spouses. This type of order can cover assets such as property, savings, and pensions. It is designed to resolve financial matters between spouses in a way that prevents any future disputes.
A clean break order is similar to a consent order or minutes of agreement. While consent orders are intended to be used by couples who have financial assets to divide at the time of divorce or dissolution, clean break orders are for those who do not have assets to divide. There are different types of clean break orders, including: immediate ...
Advantages of a clean break order. The main advantages of obtaining a clean break order are: It prevents future claims. Both parties can move on and it may, therefore, be easier to deal with the end of your relationship. Minimises conflict when dividing assets, including the marital home.
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Clean breaks are particularly common where both parties have clear future earning power, the marriage has been short and there are no young children. In the absence of a clean break, a spouse can revisit financial matters at any time. If you inherit money or your earnings increase substantially you may find yourself the subject of a financial ...
