Clean break orders in divorce - what are they?
What is a clean break order
A clean break order is a type of court order most often made in divorce proceedings.
A clean break order means that the parties to the divorce will have no financial ties once the divorce has been finalised.
This means that neither party can then ask the court for any further financial provision once the order has been made.
What can be covered in a clean break order?
A clean break order typically covers the split of the matrimonial home, any assets within the marriage, maintenance and pensions.
It can also deal with things such as debt, business assets, lump sums and any savings you have within the marriage.
If you are unsure whether any assets or finances you have within your marriage are eligible for a clean break order, please call us on 01793 384 032.
Clean break for property and pensions
So if the couple seeking divorce have agreed in advance to a spit of their assets such as property, pensions etc, that is the end of their financial obligations to each other.
There will be no maintenance paid to the wife for instance.
Clean break orders and children
There can never be a clean break where children are concerned and either parent can still claim for financial provision for their children after the divorce if a party considers the child has needs that have not been met.
The parties can either have the child maintenance set out in a court order, come to their own arrangement or apply to the Child Support Agency to deal with it for them if they cannot agree or the paying party stops paying.
Financial orders in divorce
Other financial orders can also be made in a divorce, which would mean there is not a clean break until certain things have been done.
Here are some examples where a clean break order would not be appropriate:-
- Where one party remains in the family home
- Where maintenance is paid to one party after the divorce, usually for a defined period
Consent orders in a divorce
When the parties have either agreed between them or by negotiation through solicitors or mediators, they are able to lodge an agreed financial order with the court.
This is commonly known as a consent order, which is the most common type of financial order in a divorce.
How can quickedivorce help with a clean break order?
We are able to advise you on the type of order you will need and have any settlement you have reached turned into a court order.
Our solicitors will be able to draft the order and forms you will need to be able to file your financial order by consent.
Our most popular service is a divorce and financial order service which costs just £269 incl vat + court filing fees.
Please call 01793 384 032 and speak to one of our experienced team about your situation and how we can help you.