A clean break order is used following a divorce when both parties wish to sever all financial ties.
This ensures that your ex-partner is unable to make a financial claim against you at any point in the future.
The order is processed through court and must be drafted by a qualified solicitor in order for the agreement to be granted by a judge.
You should seek to reach an agreement with your spouse in relation to splitting the held assets and finances, as it will save you time, stress and money.
There is a £50 court fee involved with filing a financial order, which is set by the government and is paid when you file the order at court.
Your assets, finances and children are not dealt with directly in a divorce.
Therefore, without obtaining a financial order, such as a clean break, you’ll still be financially tied to your spouse, even years after the divorce has been granted, as our below example shows.
A real life case of why clean breaks are important
If this blog post is not enough reason to put a clean break order in place, then the case of Nigel Page is something to think about.
Nigel Page was a very lucky man and won £56m in the Euro Millions draw a few years ago.
He had been divorced from his ex-wife for ten years, yet years later, he was forced to pay out millions because there was no clean break order clause.
His former wife did not remarry and this decision cost him a great deal of money and legal fees in his defence of an application made by his former wife for a share of his lottery payout.
The ex-wife, of course won as he was forced to settle the case to avoid the possibility of an even bigger award going to her.
Obtaining a simple consent order with a clean break clause would have prevented the former Mrs Page from being able to seek any share of his winnings.
Instead, he had to pay her £2 million in an out of court settlement.
A warning then, to anyone that thinks they can simply get a divorce and not worry about the financial side.
Although lottery wins are very rare, these circumstances highlight the importance of finalising your financial matters in a properly drafted clean break order with your divorce proceedings.
Get a high-street service without the excessive costs
Apply online for a clean break order that is processed and managed for you by qualified solicitors. No need to take time off work or visit our offices.
How long does it take to obtain a clean break order?
It typically takes 28-31 working days for a solicitor to draft your formal agreement
It takes a further 3-5 weeks for the court to rule upon and approve your application.
Most people who apply for an order of this nature have it signed and sealed by a judge shortly after they receive their decree absolute, ending their marriage.
This then gives both parties peace of mind moving forward.
Agreeing on your financial agreement early on in proceedings
You may be all sweetness and light when you file for divorce, but things change and sometimes very quickly.
For instance, new partners can be a driving force for asking for more money if they think the original deal was unfair or the new couple are short of money.
Therefore, agreeing on your financial settlement at the same stage of divorce proceedings is advisable, because they can in most cases be completed at a similar time; meaning both your marriage and financial ties will be severed.
The most common reason we see is for claims for pensions, as wive’s will often put housing and cash in the bank as a priority when they split and then come to regret it later on, despite a generous deal having been done at the time.
Do you want to risk your pension pot for the sake of a few hundred pounds?
Obtaining a clean break from your spouse following divorce does not mean that there needs to be drawn out or contested proceedings.
When parties reach an agreement in respect of financial matters, this can and should be contained in an order which is approved by the court.
Do not leave financial claims for another day, as without a clear court order, a former wife or husband may pursue financial claims many years after the divorce.
Even people with little or no assets at the time of divorce should consider obtaining a clean break to protect themselves going forward.
It would be negligent of any divorce service or solicitor not to advise this.
How much does a clean break order cost?
When looking at the costs, it’s always best to take into consideration the court fee costs that are set by the government.
Whether it’s the cost of a divorce or the cost of obtaining a financial order, there are court fees to pay.
A standard clean break order costs £150 including VAT + a £50 court fee, which is paid when you file the clean break order with the court.
For people that aren’t confident in processing the order through court, we provide a service where we manage the application for you, for £199.
Using our service, you’ll save over £700 compared to most solicitors firms.
Divorce-Online have divorce and clean break order packages to suit all budgets.
All our clean break orders are drafted to your individual circumstances by qualified and experienced family lawyers and are bespoke to you and your agreement.
As our orders are not templates, which you can get at other online services they will not be refused by the court for being too basic, which is the case for most template orders.
Obtain a financial order today
There’s likely no need to instruct a solicitor to secure your finances and obtain a clean break order. Save time, money and stress by using our service.