Clean Break Orders in Divorce
In simple terms, a Clean Break Order is a type of financial settlement that both parties agree to enter into after being approved by the court.
It ends your financial commitments and prevents future claims from being made against you in the future.
Unlike other types of financial orders in divorce, you are essentially agreeing to go your separate ways and make no clauses for on-going payments, such as maintenance or lump-sum payments.
In this article, we are going to be looking at the benefits of getting a clean break after a divorce and the possible implications of not obtaining one.
The benefits and drawbacks of getting a clean break order
There are very few drawbacks to getting a clean break order, however, you should be aware that signing one will prevent you from claiming against your ex-partner in the future.
There can be very real implications to not getting a clean break after divorce as the case of Nigel Page highlights.
Nigel separated from his wife with no joint assets, but they didn’t obtain a clean break from the court. In 2010, Nigel won £56m on the EuroMillions.
He had been divorced for over 10 years at the time his ex-wife claimed against him and won over £2m.
Although lottery wins are rare, improving your financial position through savings, properties, pensions, and/or inheritances for example aren’t, which can be claimed against in the future.
The overriding benefit of reaching a clean break is that it prevents either party from being able to make a future claim against your money, which gives you complete peace of mind over your finances in the future.
You may be all sweetness and light when you file for divorce, but things can change very quickly, and often times new partners can be a driving force for asking for more money.
In what situations are Clean Break Orders used?
Clean Break Orders can only be put in place when all parts of your held assets you built up during marriage can be separated, e.g property, savings, debts, etc.
Here are two very different examples of typical situations we see from divorcing couples:
1) Cases suitable for a clean break
Tom and Sarah were married for two years and lived in a rented flat for the duration of their marriage. They shared a savings account with £3000 in it at the time of separation. They shared this 50/50 and closed the account down. Neither party had any debts to pay off and they did not have any children.
Tom and Sarah agreed to a clean break so that they could move on with their lives without worrying about the potential of claims being made against them in the future.
The key to obtaining a clean break is the fact that you have no on-going assets to split, for example, the sale and division of a property, the payment of child/spousal maintenance, etc.
2) Cases that aren’t suitable for a clean break
Terry and Margaret were married for 10 years and lived in a property that was jointly owned. They have 3 children under the age of 10. Margaret has been a full-time stay-at-home mum whilst Terry has a professional job with a private pension. They had joint savings worth £12000.
Due to the nature of longer marriages, it’s very difficult to achieve a clean break as there needs to be a range of ongoing payments to ensure a fair division of held assets is reached, e.g. maintenance and the division of pensions and/or property.
In these types of cases, it’s important that you agree to a financial agreement and have it drafted by a solicitor into a consent order.
The financial consent order explains to the court how you intend to divide all of your money and assets.
How Much Does a Clean Break Order Cost?
Our Clean Break Order Service costs £299 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.
Things To Know About Clean Break Orders
- Do both parties have to agree to a clean break? Yes, both parties must agree to a clean break. If you cannot agree between you then you may need the help of the courts.
- Can you get a clean break before or after a divorce? You can file for a clean break at the decree nisi stage of divorce proceedings. You can also file after the decree absolute has been granted, however, this can come with complications so it’s recommended to file at the same time as your divorce.
- Can you get a clean break order online? Yes, our qualified solicitors can professionally draft you a clean break order within 31-working days for just £299 fixed-fee.
How To Get a Clean Break Without Spending Thousands…
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 £299. 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 £299
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!