A clean break order is a court order that legally separates your finances on divorce.
The order is processed through court and must be drafted by a qualified solicitor in order for it to be granted by a judge.
A typical financial order could involve the sale of the matrimonial home and a fair division of held pensions.
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.
Obtaining a clean break from your spouse will sever all financial ties following divorce and prevent any future claims being made by either party in the future.
It typically takes 28-31 working days for your order to be drafted by a solicitor and a further 3-5 weeks for the court to rule upon and approve your order.
A clean break order can be drafted by us for £150 via our Consent Order Service, which is over £750 cheaper than high-street solicitors.
There is a £50 court fee involved with filing a financial order, which is set by the government and is paid at the point of which you file the order.
Your assets, finances and children are not dealt with directly in a divorce.
So, without obtaining a financial order you’ll still be financially tied to your spouse, even years after the divorce is 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 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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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.
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.
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.