Clean Break Order Solicitors

+ Is a Clean Break Automatic After I Divorce My Spouse?

Your financial relationship does not automatically end when you get divorced. You still retain the same financial obligations and responsibilities for the other person, at least until you remarry. This means that even years later your spouse could make a claim if you have not settled the finances and concluded things with a court-approved order. If you want to cut financial ties with your ex-spouse for good the team at Farnworth Rose can help you obtain the relevant financial order.

+ What is a Clean Break Order?

A Clean Break Order is a court order that ends all financial ties between a divorcing couple. You can apply for a clean break at any point after your conditional order (Decree Nisi) in divorce proceedings has been issued.

Once the clean break is granted, both parties are barred from making a claim against one another in the future. Divorcing couples will apply for a Clean Break Order where the marriage lasted only a few years and the couple has few or no assets to split. Otherwise, the division of assets will be negotiated in the financial settlement and concluded with a consent order.

+ Why do I Need a Clean Break?

Sometimes in a divorce, people think that they don’t need any type of Financial Order because there is nothing to split. However, it’s crucial to remember that your future financial peace is at stake because your former spouse could still claim for financial provision later on.

There have been cases where former spouses have made a successful claim on the significant wealth that their ex acquired long after the relationship ended. You just never know how your situation will change. To safeguard your future finances, you need to officially sever your marital finances at the time of divorce.

+ What’s The Difference Between a Clean Break Order and a Financial Consent Order?

A Clean Beak Order applies to couples who have no assets to divide. It is a straightforward document that will be put before the court for approval to officially end their financial ties to one another. A Financial Consent Order is also a court order used to conclude financial proceedings. It details the terms of the financial agreement negotiated by divorcing spouses who have matrimonial assets to divide.

A Clean Break Clause can be added to the Consent Order to sever financial ties, but this is not always possible. For example, if one party has to make financial provisions for the other after the divorce, then that will not allow for a clean break.

+ How To Achieve a Clean Break In Divorce?

A clean break divorce is desirable in most cases because it allows you both to move on with your lives without any risk of future financial claims. However, it is not always possible to achieve a clean break right away because you need to be able to separate all the financial attachments.

Several factors can make it harder to get a clean break after divorce including the length of your marriage, your net value as a couple, and the financial situation of each party after you split. With shorter marriages and couples with no children, it is easier to get a clean break divorce.

For marriages that lasted for many years where there are complex assets to divide and ongoing spousal maintenance, you may not be able to get a clean break right away. Where an immediate clean break isn’t possible, there are steps you can take to move towards eventually cutting all financial ties.

In some cases, the clean break can be achieved immediately by capitalising spousal maintenance payments. Instead of regular, small payments the person in receipt of spousal maintenance is awarded a lump sum upfront which cleans up any lingering financial ties and allows for a clean break clause to be written into the financial consent order.

Another option is to have a deferred clean break. This is where all capital and assets are split, but one party pays the other spousal maintenance until a defined point in the future such as when the children are a certain age at which point the payments stop and the financial order to end all financial ties comes into effect.

+ What Happens If I Don’t Get a Clean Break Order?

Even if you have no assets to split at the time of your divorce, it’s best to make sure that you are financially separated. If you do not get a clean break, your ex-spouse has the right to make a financial claim even against wealth acquired after your divorce. While it’s better if you can both agree on the clean break order, you can apply to the family court for one without your ex-spouse’s participation if they won’t sign the clean break order.

Even if things between you are amicable, it doesn’t matter. Don’t make the mistake of putting off financial matters. It is best to deal with them at the same time as divorce proceedings. It may be tempting to overlook the need for a clean break order but you never know when your financial circumstances might change. If your ex can claim any substantial wealth you acquire, chances are they will.

Our team at Farnworth Rose are on your side to make sure your best interests are protected from unwanted claims further down the road.

+ Are There Any downsides To Obtaining a Clean Break In Divorce?

The obvious benefit to a clean break is that your future finances are safeguarded against any claim from your ex-spouse. Naturally, this works both ways and you will lose the right to a claim against their assets.

This could be a disadvantage if you are financially vulnerable as it may not be in your best interests or appropriate to close this option to you right now. A clean break can pose a challenge if unforeseen circumstances arise such as ill-health or job loss because it restricts the ability to revisit financial arrangements.

You may want to defer a clean break if keeping your spousal maintenance claim alive can provide a valuable safety net. If the person with the day-to-day care of very young children can no longer work then they have the option to ask for financial assistance until they can support themselves.

The Court will not make a clean break order if it deems the terms unfair or as putting either party at risk of serious financial hardship. Nevertheless, it’s important to carefully consider your specific circumstances and what works best for you long-term. Our solicitors will guide you through your options and help you prepare a clear, comprehensive case so you can be confident your needs will be met.

+ Are There Any Downsides To Obtaining a Clean Break In Divorce?

Child maintenance is usually dealt with by the Child Maintenance Service (CMS) which means you can still achieve a full clean break even while child maintenance payments are ongoing. This will be until the child reaches the age of 21 or leaves full-time education, whichever happens first.

+ Can a Clean Break Order Be Overturned?

The idea behind a clean break order is that it is final. Nonetheless, there are limited circumstances in which a clean break order can be overturned, including:

• When there are significant, unforeseeable changes soon after the settlement is reached.
• There was evidence of mistakes or fraudulent behaviour during negotiations, for example, the failure of one part to properly disclose assets.
• You were put under undue pressure to make certain decisions that were not in your best interests. If you think you have a good reason to reopen financial proceedings after the court has approved the agreement or wish to have a clean break overturned it is crucial to seek specialist legal advice. At Farnworth Rose, our friendly and knowledgeable team can advise you on whether you might have a valid claim.