The concept of a “clean break” is a term often mentioned by couples undergoing divorce. But what exactly does it entail from a legal standpoint? At The Family Law Company, we believe it’s crucial to understand the implications and benefits of such an order.
Understanding a Clean Break Order
When we talk about a clean break, we refer to a paragraph in a Court Order which sets out that neither party in the marriage can make further financial claims against each other in life or death. This encompasses maintenance, lump sums, pension orders, and property claims. Essentially, it aims to sever financial ties between parties and ensures that an ex-spouse cannot try to claim against any future assets such as an inheritance or lottery win.
However, while couples can achieve a clean break regarding their finances, it’s essential to understand that this doesn’t negate responsibilities for child care. Parental obligations, such as child maintenance, continue regardless of a matrimonial clean break order.
With this order, both parties can move forward without worrying about the possibility of future financial claims from their ex-spouse. In our experience it provides peace of mind and clarity for the future.
Settling finances promptly during the divorce can be more efficient. Property, pensions, savings, and investments are allocated during the divorce, and a clean break order reinforces that no further claims can be made.
It’s key to remember that while you can “clean break” financial responsibilities, you can’t do the same for childcare responsibilities. The well-being of the child remains paramount.
Important Considerations when thinking about a Clean Break Order
While a clean break order is a type of financial order detailing asset division, it distinctly offers finality by severing all financial ties.
A clean break isn’t automatically assumed during divorce proceedings. The court considers several factors, including the presence of young children and the marriage’s duration, before deciding on its implementation.
The cost of this particular order varies based on its complexity. While straightforward cases may have a fixed fee, more intricate matters will likely be charged at an hourly rate.
While it’s beneficial for both parties to agree, one can still secure a clean break order without mutual consent by issuing financial proceedings and asking the court to make this order.
So is it necessary in divorce?
Most individuals benefit from a clean break order. It offers security against unpredictable future financial scenarios. However, there are situations, especially involving spousal maintenance, where it might not be the best option.
Our dedicated team at The Family Law Company understands the intricacies and nuances of these decisions. We stand by our clients, offering tailored advice, ensuring that their interests and those of their children are protected. Always remember: when it comes to pivotal decisions like these, it’s beneficial to seek specialist advice. Our team, with its vast expertise and specialist benefits, is here to guide you every step of the way.
Need some advice? Get in touch today