What is a Clean Break Order?
A Clean Break Order is a legal document that finalises financial arrangements between divorcing couples without the need for ongoing financial support. It effectively cuts all financial ties between the parties, allowing both individuals to move on with their lives independently.
Why is a Clean Break Order important?
Without a Clean Break Order, financial ties between divorcing couples may remain, leaving the door open for future claims on each other’s assets or income. This can create uncertainty and potential financial obligations that may impact both parties’ ability to move on with their lives.
How to obtain a Clean Break Order
Obtaining a Clean Break Order involves reaching a financial settlement with your ex-partner and then applying to the court for a Consent Order. This Order will outline the agreed financial arrangements and, once approved by the court, will become legally binding.
Step 1: Reach a financial settlement
Before applying for a Clean Break Order, it is essential to reach a financial settlement with your ex-partner. This may involve negotiating the division of assets, property, pensions, and any ongoing financial support such as maintenance payments.
Step 2: Seek legal advice
It is highly recommended to seek legal advice from a solicitor who specialises in family law to ensure that the financial settlement is fair and legally binding. They can help you navigate the process of obtaining a Clean Break Order and provide guidance on your rights and obligations.
Step 3: Draft a Consent Order
Once a financial settlement has been agreed upon, the next step is to draft a Consent Order outlining the terms of the agreement. This document will need to be approved by the court to become legally binding.
Step 4: Submit the Consent Order to the court
Once the Consent Order has been drafted, it must be submitted to the court for approval. The court will review the agreement to ensure that it is fair and reasonable before issuing the Clean Break Order.
Benefits of a Clean Break Order
There are several benefits to obtaining a Clean Break Order, including:
- Clear financial separation
- Finality and closure
- Protection against future claims
- Peace of mind for both parties
Considerations before obtaining a Clean Break Order
Before applying for a Clean Break Order, there are several factors to consider:
- Full disclosure of assets and income
- Fair division of assets and property
- Impact on any children involved
- Legal advice and representation
Final thoughts
A Clean Break Order can provide peace of mind and financial security for both parties following a divorce. By finalising financial arrangements and cutting all ties, individuals can move forward with their lives independently and without the worry of future claims or obligations. It is essential to seek legal advice and ensure that the financial settlement is fair and legally binding before applying for a Clean Break Order.
