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  1. Learn about the difference between a clean break and spousal maintenance, and how to get a court order for a clean break. Find out how to insure spousal maintenance payments and what to do with a lump sum payment.

    • Making your agreement legally binding
    • When to ask the court for approval
    • How to ask the court for approval
    • How much it costs

    To make your agreement legally binding you need to draft a consent order and ask a court to approve it.

    If your agreement is not legally binding, a court cannot enforce it if there are any issues later.

    A consent order is a legal document that confirms your agreement. It explains how you’re going to divide up assets like:

    •pensions

    •property

    •savings

    You can ask the court to approve your draft consent order when you apply for your divorce or dissolution, or at any time after that.

    It’s usually simpler to ask for approval:

    •after you have your conditional order or decree nisi – the court cannot approve a consent order before this

    •before you get your final order or decree absolute – if you ask after this, there may be financial consequences, particularly for pensions

    You and your ex-partner have to:

    •draft a consent order

    •sign the draft consent order - you also need 2 photocopies of the signed original

    •fill in a statement of information form

    One of you also needs to fill in a notice of an application for a financial order.

    If you’re ending a civil partnership or legally separating, send the signed forms and copies with the £53 fee to the court dealing with your paperwork. Keep your own copies.

    The court fee is £53.

    Legal adviser fees vary depending on their experience and location.

  2. 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.

  3. The reason for the divorce or dissolution is not taken into account. The judge will usually try to arrange a ‘clean break’, so everything is shared out, and you no longer have any financial ...

  4. A clean break order is a type of financial order that is implemented following a divorce or dissolution. Having a clean break means that from a specified date in a Court Order, neither party involved in the divorce will be able to make further financial claims against the other person. It essentially means that all of the financial ties between ...

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  6. Mar 20, 2018 · What is a ‘Clean Break’ in a Divorce? A clean break is when you agree to terminate your financial claims against each other in relation to all aspects of financial life together – such as property, income, pensions and school fees. It means that neither you nor your spouse can bring any further financial claims against each other in the ...

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