A clean break order is a document issued by the family court that dissolves all financial connections between couples. Once a clean break order has been approved, it is legally binding. This means that neither party can make future claims to the income or assets of the other, e.g. inheritances, pensions, property, and windfalls like lottery wins.
Why it is necessary
It is a common assumption that divorce or civil partnership dissolution brings any financial responsibility to a former spouse to an end. However, UK law decrees that said spouse can still make financial claims against you long after the finalisation of a divorce. Securing a clean break order makes that impossible and ensures financial security as well as legal closure.
How it works
The first step is for both parties to reach an agreement on the division of assets. After that, an application for a Consent Order can be submitted. You will have to complete paperwork like Form D81. If a judge feels that it is fair, they will grant approval.
Types of clean breaks
• Immediate clean break
This is used by couples ending short marriages, couples without children, and those where both partners are financially independent.
• Deferred clean break
This is used when one partner needs temporary financial support (e.g. if they are retraining). The court will rule for continued spousal maintenance for a reasonable period, such as two years.
When you cannot get a clean break order
• Child maintenance
A clean break order is applicable only to ex-spouses. A parent will still be obligated to provide for their child. This is dealt with by the UK Child Maintenance Service.
• Ongoing joint commitments
If you have long-term financial commitments – for example retaining the family home while your children are at school – you will not be able to get a clean break order until that time.
If you want to discuss your options with expert divorce solicitors in North Wales, give Bennett Smith solicitors a call today.
