3rd Feb 2020 – 6 minute read
What Is a Clean Break Order in Divorce & Do I Need One?
A clean break order is a term the court uses to describe financial proceedings within a divorce. In an uncontested divorce case, it is the mechanism by which the court can deal with separating all matrimonial ties as husband and wife.
It must be entered into by a divorcing couple and once approved by the court, both parties’ future assets will be protected from claims.
A clean break order isn’t possible for everyone, however. They are usually entered into by couples that can live and be financially independent of each other.
There can be no spousal maintenance or other on-going payments made, e.g. lump sum payments from a house sale or division of pensions.
For example, a couple with a family home, pensions and/or children will require a financial consent order service and not a clean break.
What does a clean break order achieve?
- It enables both parties to move forward and live financially independent of each other.
- It prevents either party from making a financial claim against the other any time in the future.
- It reduces the conflict between both parties when it comes to separating any money or assets.
Many people believe that clean breaks aren’t necessary because of a lack of money or assets within their marriage. They also think the money it costs to obtain one isn’t worth it.
The biggest myth around clean breaks is that couples who have separated property, money and pensions themselves don’t require a financial order.
That is unfortunately untrue.
Obtaining a decree absolute will legally end your marriage. But it does not end your financial commitments as husband and wife.
So, even with no assets to split or maintenance to pay, you need to obtain a formal agreement that is signed by the court to legally end all ties from your spouse.
How much will a clean break order cost me?
Our Clean Break Order Service costs £199 fixed-fee including VAT. You must make a court fee payment of £50 when filing a court order.
This service is ideal for couples that don’t have a complex financial situation, for example:
- You and your ex have already divided any assets.
- You and your spouse do not have any joint asset to divide.
- You do not wish to share any pensions between you.
- There are no maintenance or lump sums required.
Clean Break Order
- How Much? £199 Inc VAT
- How Long? 31-Working Days
- Online Service? 100% Online
- Handled By? Qualified Solicitors
Clean Break Divorce
- How Much? £299 Inc VAT
- How Long? Avg. 5-6 months
- Online Service? 100% Online
- Handled By: Qualified Solicitors
Can you get a clean break order before decree absolute or after?
To submit a clean break order to the court for approval, you must be at the Decree Nisi stage of the divorce process.
Once the Judge issues the Decree Absolute the court order becomes legally binding.
You can also apply for a clean break order after the decree absolute has been granted.
But, arranging your finances during the divorce process is always recommended if possible.
If you have received your decree absolute, then call us on 01793 384 029.
You can also chat with us for free on Live Chat or WhatsApp.
Is a Clean Break Order the same as a Consent Order?
The short answer to this question is, no.
A clean break order is for couples who do not have children or any on-going payments to make.
- Lump-sum payments
- Maintenance payments
- Division of property
- Division of pensions
This is common in short marriages where there are no joint assets or children.
When might a Clean Break Order be suitable?
If your marriage lasted a few years and each party can live financially independent of the other. E.g. there are no on-going maintenance or lump sums to pay.
When might I need a Consent Order?
If, for example, you are to sell your family home and split equity then you are required to obtain a consent order. This will ensure that the agreement is carried out by both parties.
This is also true if you intend to split any pensions, debts, savings or other such assets.
What is the difference between a Clean Break Order & Consent Order? Take the guesswork and confusion out of dealing with your finances and read our simple guide.
I don’t have much money, can I do it myself?
A Judge will not grant an order that hasn’t been professionally drafted. So you must seek the help of a divorce solicitor.
That doesn’t mean that you need to spend thousands on this. Most local solicitors will quote you £800+ VAT.
We can help you for as little as £199 fixed fee. Don’t risk losing much more later down the line by leaving your finances for another day.
The biggest mistake you can make is to ignore obtaining a court order because you have no money or assets to split.
The process to obtain a clean break is very straightforward providing there is an agreement.
A real-life example of what can happen if you don’t sort out your finances
The following example may make you think twice when it comes to obtaining a financial order.
A few years ago, Nigel Page was a very lucky man and won £56m in the Euro Millions draw.
At the time of his divorce, Mr Page was not wealthy so negated putting in place a financial order.
His ex-wife of 10 years made a financial claim against his new wealth. Mr Page had to pay her £2m in an out of court settlement.
This case is extreme but shows you the need to properly deal with your finances at the time of divorce.
Agreeing to end your financial relationship after a divorce
You may be all sweetness and light when you file for divorce, but things can change very quickly.
New partners can be a driving force when asking for more money if they think the original deal was unfair. It can also be the case if the new couple doesn’t have much money.
Ending your financial relationship during the divorce process by obtaining a clean break order removes this worry.
In most cases, your divorce and clean break order can be achieved at the same time.
Ex-spouses tend to claim for pensions most often as they are the largest asset.
Wives will often put housing and cash in the bank as a priority, which they come to later regret.
You should always seek legal advice before entering into a financial court order. This will ensure you are receiving the best financial outcome following a divorce.
I want to get a Clean Break but I don’t have thousands to spend?
The good news is that you don’t need thousands to spend to achieve a Clean Break.
We have a Clean Break Order Service for £199. Our service helps people obtain a clean break without spending a fortune.
Our solicitors will prepare a fully drafted court document for you, ready to be signed.
Both parties need to sign the agreement and we will handle the rest for you. It is that simple to do and costs less than the average UK resident spends on coffee a year.
You have another option of course, which is to instruct a local solicitors firm. Be prepared for when you receive a quote as it will be anywhere from 5/6 times more than our service.
You will also need to visit their offices to provide them with your agreement and basic information.
With our service, everything is done online and via email.
View Our Clean Break Order Service for £199
You don’t need to spend thousands hiring local solicitors if you have agreed to obtain a clean break following a divorce. We provide a fixed-fee service to help you secure your finances without breaking the bank on solicitors fees!
This post was written by Mark Keenan. Editor of the Divorce-Online and Managing Director of Online Legal Services Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.