Obtaining a Clean Break Order is an important legal process that can help couples finalise their financial affairs and move on with their lives after a divorce or separation. In this guide, we will walk you through the steps involved in obtaining a Clean Break Order in the UK legal system.
What is a Clean Break Order?
A Clean Break Order is a legal document that severs all financial ties between spouses or civil partners after a divorce or separation. This means that neither party can make any future financial claims against the other, providing a clean break and allowing both parties to move on with their lives without having to worry about financial obligations to each other.
Why is a Clean Break Order important?
Obtaining a Clean Break Order is important because it provides certainty and finality to the financial aspects of a divorce or separation. Without a Clean Break Order, either party can make a claim for financial support against the other in the future, even years after the divorce has been finalised. This can lead to ongoing legal battles and financial uncertainty, which can be emotionally and financially draining for both parties.
Steps to Obtaining a Clean Break Order
1. Seek Legal Advice
The first step in obtaining a Clean Break Order is to seek legal advice from a solicitor who specialises in family law. They will be able to advise you on your rights and obligations, as well as the best course of action to take in your specific circumstances.
2. Negotiate a Financial Settlement
Once you have sought legal advice, the next step is to negotiate a financial settlement with your ex-partner. This will involve disclosing all of your financial assets and liabilities, as well as any income you receive. You and your ex-partner will then need to agree on how these assets and income will be divided between you.
3. Draft a Consent Order
Once you have reached a financial settlement with your ex-partner, you will need to draft a Consent Order. This is a legal document that sets out the terms of your financial settlement and is signed by both parties. The Consent Order will then be submitted to the court for approval.
4. Attend a Financial Dispute Resolution Hearing
After the Consent Order has been submitted to the court, you will need to attend a Financial Dispute Resolution (FDR) hearing. This is a meeting with a judge who will review the terms of the Consent Order and ensure that it is fair and reasonable. The judge may also provide guidance on any changes that need to be made to the Consent Order before it can be approved.
5. Obtain a Clean Break Order
Once the terms of the Consent Order have been approved by the court, a Clean Break Order will be issued. This document will legally sever all financial ties between you and your ex-partner, providing a clean break and allowing both parties to move on with their lives.
Conclusion
Obtaining a Clean Break Order is an important step in finalising the financial aspects of a divorce or separation. By following the steps outlined in this guide and seeking legal advice from a solicitor, you can ensure that your financial affairs are settled in a fair and reasonable manner, providing you with certainty and peace of mind as you move forward with your life.
