Clean break orders in divorce and why you must get one

Obtaining a clean break order (commonly known as a financial consent order) can be stressful and expensive, but not with Divorce-Online.

So, what is the meaning of a clean break order and why should you obtain one?

Obtaining a clean break from your spouse will mean that both parties to the divorce will have no financial ties once the order is agreed and granted by the courts.

A typical clean break could mean that any matrimonial property is sold and the pensions are shared, so that both parties receive a fair division of held assets.

Secure your future today by obtaining a Financial Order for £150 fixed fee.

When you get divorced, unless you have a specific court order for a clean break, you are at severe risk of your ex making a financial claim against you later on after the divorce has been finalised.

Just filing for a divorce does not give you a clean break, financially under any circumstances as our next example proves.

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 Dale Vince, the Ecocity green energy founder 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 at divorce.

Unfortunately for him, when they got divorced, they did not have a lot of money and decided to forgo obtaining a financial court order with their divorce.

He thought obtaining a divorce was the end of the matter as they had a divorce and went on to remarry.

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.

As soon as she heard about the win, no doubt lawyers contacted her and asked if there was a clean break ordered.

When she said no, it would have been like winning the lottery for her as well.

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.

Call us on 01793 384 029 for free information and advice on obtaining a clean break order in divorce.

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 agreement 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.

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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 considering obtaining a clean break to protect themselves going forward, it would be negligent of any divorce service not to advise this.

Order a Financial Court Order for £150 Fixed Fee.

Divorce-Online have divorce and clean break order packages to suit all budgets.

Financial order with clean break clause, without a divorce – £150
Managed divorce and clean break order -£299
Solicitor divorce and clean break order – £419

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.

If you would like to speak to a friendly adviser about getting a divorce and or a clean break order call us on 01793 384 029 or email us today.

Want To Secure Your Finances After Divorce?

Use Divorce-Online and Save Yourself Over £600 with our – Financial Agreement Service for £150 Fixed Fee.

Our divorce solicitors will prepare your financial order and clean break clause as part of a low-cost fixed fee, removing the need to visit a local solicitors firm and spend thousands.

This post was written by Mark Keenan. Editor of the Divorce Online Blog and Managing Director of Online Legal Service Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.

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