Is a Consent Order the Same as a Clean Break Order?
Dealing with your finances in a divorce is always difficult and probably the most confusing part for many couples. We are often asked “Is a Consent Order the Same as a Clean Break Order?”
It’s not surprising when there are so many terms used to describe similar things, such as clean break order, consent order, and financial order to name a few.
Let’s end the confusion for you and explain exactly what each of them is and which one might be the most suitable for your circumstances.
Consent Orders in Divorce – Overview
A consent order is an agreement by consent between both parties as to how they want their finances from the marriage to be split.
A consent order is a voluntary agreement, entered into by a divorcing couple to separate money and assets. It’s the mechanism the court uses to legally divide matrimonial assets.
It will also end your financial commitments as husband and wife, which prevents any future claims from being made at any time in the future by either party.
If you are separating property or pensions then you need to obtain a consent order as it’s the only legal way in England and Wales to ensure that the other party carries out the agreement.
A consent order is also referred to as ‘financial settlement’ and ‘financial order’, but they all mean the same thing essentially. They are all agreements made between a couple as to how they intend to divide money and assets.
Clean Break Orders in Divorce – Overview
A clean break order is a type of consent order that basically orders a ‘clean break’ between a divorcing couple.
A clean break is necessary when there are no ongoing commitments between the parties such as a child or spousal maintenance agreement.
On-going commitments could also come in the form of lump-sum payments from a property sale or the division of held pensions.
A clean break order is likely suitable for you if both parties are able to live financially independently of each other following a divorce.
This is most common in short, childless marriages where assets weren’t obtained, e.g. family home, pensions or savings.
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