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What is a clean break order after divorce?
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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 against the other. Who can get a clean break order? It is open to couples who are past the Decree Nisi chapter of the divorce process.
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.
Mar 14, 2024 · What is a Clean Break Order? 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.
- When to apply for a financial order
- How to apply
- After you apply
- How long it takes
- How the court decides
- How much it costs
- Further help and advice
You can apply for a financial order when you apply for your divorce or dissolution, or at any time after that.
It’s usually simpler to apply:
•after you have your conditional order or decree nisi – the court typically cannot make a financial order before this
•before you get your final order or decree absolute – if you apply after this, there may be financial consequences, particularly for pensions
You need to fill in a financial order application form (Form A).
Send the completed form to your local financial remedy court. Keep a copy for yourself.
If you need to send any more documents after submitting your financial order application form (Form A), post them to:
HMCTS Financial Remedy
PO Box 12746
Harlow
There are three stages:
•the first appointment - a short hearing with the judge to discuss your application
•financial dispute resolution (FDR) appointment - to help you agree without needing a final hearing (you might need more than one appointment)
•final hearing - if you’re not able to agree, this is when a judge will decide how you must separate your finances
It depends on:
•how many financial dispute resolution appointments you need
•if you need a final hearing
There can be several months between the appointments.
If you cannot agree, a judge will decide how assets will be split. They’ll base their decision on how long you’ve been married or in a civil partnership, as well as your:
•age
•ability to earn
•property and money
•living expenses
•standard of living
The court fee is £275.
Legal adviser fees vary depending on their experience and where you live. How much you pay in total depends on how many financial dispute resolution appointments you need and if there will be a final hearing.
You can:
•get information and advice from Citizens Advice
•read guidance to help you sort out finances when you get divorced
•find out more about how to apply for a financial order
What does a clean break order cover? A clean break order considers the income and assets both individually and shared and aims to balance each of your interests. The longer the marriage, the more likely the poorer spouse may receive a substantial share of the matrimonial assets.
A clean break order, also known as a clean break consent order, is a legal document that terminates all financial obligations between spouses after a divorce. Essentially, it represents a full and final settlement of all financial claims each party may have against the other.
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.
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