Clean Break Order Solicitors

+ Financial Settlements

When a marriage or civil partnership breaks down the financial relationship between you and your partner does not automatically come to an end after the divorce. Without a financial settlement concluded by a court order, both partners can still make financial claims against each other in the future and there is no time limit to this.

We can assist you throughout financial remedy proceedings to help you reach a suitable financial settlement through negotiations. We can also provide expert legal advice and support if you need to bring or defend contested financial remedy proceedings.

+ Financial Orders

If a divorcing couple can agree on how to split their marital finances, they will have to obtain a financial consent order from the court to finalise the proceedings. In contested cases where the couple cannot come to an agreement, the court will make an order on how this will be done. The court will use its discretion and have the final say on what is the fairest way to divide assets between the couple.

Once obtained, a financial order is legally binding which means it’s essential to get specialist advice during the process. Farnworth Rose can help you get the right financial order for you to safeguard your financial future and avoid the risk of further claims from your former spouse.

+ Post-divorce Finances

On divorce, the implementation of a court order including a clean break clause cuts all financial ties between you and your former spouse. Financial matters need to be legally tied up and signed off because without a court order, you are left wide open to future financial claims and there is no time limit to this - including against assets acquired post-divorce.

There may be legitimate reasons for re-opening a claim such as new evidence demonstrating that the outcome of the settlement was unfair or either party was rushed or pressured into making a decision.

At Farnworth Rose, we understand that each family law case is unique. Our solicitors can advise you if you have any doubts about your financial settlement or if you find yourself subject to a new financial claim from your former spouse post-divorce.

+ Pre-nuptial and Post-nuptial Agreements

When you get married or enter into a civil partnership, you don’t typically expect that the relationship will break down. Nonetheless, taking the time now to plan for the possibility can protect your financial interests and those of your family later on.
In England and Wales, unlike in other jurisdictions, the divorce court will not automatically follow the instructions set out in a prenup. Although not legally binding, a well-drafted prenup can help protect your interests should you ever split because the court will take into consideration any pre- and post-nuptial agreements made after both parties receive independent legal advice.

Farnworth Rose will ensure that you get expert advice on drafting and signing pre- and post-nuptial agreements for peace of mind that your assets are safe if the worst were to happen. We can also advise you on an existing prenup if you are currently going through a divorce.

+ Clean Break Orders

A clean break order severs financial ties with your ex so you can avoid any future financial claims. You will need to obtain a clean break order from the court when there are no assets to divide or financial obligations remaining between the two parties in the divorce or dissolution process.

A clean break is desirable in most cases of divorce or dissolution although it is not always possible to achieve. While the financial consent order will often contain a clean break clause, the longer that you and your partner were together, the less likely it will be that you can get an immediate clean break. The family solicitors at Farnworth Rose can advise you on the best way to amicably conclude financial proceedings in divorce.

+ Out of Court Settlements

The advantage of settling financial matters out of court is that it avoids a lengthy, costly process that can increase the emotional strain on you at this difficult time. For matters to be settled out of court, both parties must be willing to engage in an open and compromising manner.

We can negotiate financial matters on your behalf with the other party’s solicitors and are committed to resolving matters amicably. If solicitor negotiations do not lead to an agreement, we can support you with a range of alternative dispute resolution (ADR) options including mediation and collaborative divorce. If no resolution can be made, a court case or arbitration may be the only alternatives available. Our family law solicitors can help you prepare the case for court and will be with you at every stage to help things go as smoothly as possible.

+ Pension Sharing & Divorce

Pensions can be overlooked during the financial settlement for several reasons. Some people don’t realise that pensions are included in the marital assets to be divided. Depending on the age of the couple and how long they’ve been contributing to their pension, a pension pot can be the biggest asset that a husband and wife own. There are several ways to deal with pensions in divorce including pension sharing or pension offsetting- where other assets are received in lieu of the value of a pension fund. We can help guide you through your options to give you the best long-term solution for your situation.

+ Companies & Divorce

If you own and operate a business, it will likely form a key part of the financial proceedings. When a couple has a family business, dividing the business assets and interests between the two parties can be extremely complicated. There are different ways of dealing with businesses depending on whether you are a sole trader, have a share in a partnership or are the director of a limited company.

The solicitors at Farnworth Rose have extensive experience helping business owners protect their financial and commercial interests in divorce. We offer specialist legal advice to help you organise business assets in divorce to safeguard the future of your company while ensuring a fair distribution of assets.

+ Property & Divorce

One of the main concerns divorcing couples face is deciding what happens to the family home, which is not only a financial matter but also a huge emotional issue. When agreeing on who gets the family home it’s not always straightforward. There are different factors involved including whether there’s a mortgage on the house, the housing needs of both people and any children involved, and the affordability of staying in the home.

Our family law solicitors can help you deal with any jointly or separately owned property, including your matrimonial home. Whether you decide to sell the property and divide the proceeds or one person is able to remain in the family home we can guide you through your options so that you know your rights and can find the best solution for you and your family.

+ 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.