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What to do if your ex won’t sign a clean break order?

Going through divorce proceedings is stressful, complicated and often confusing.

What couples sometimes fail to realise is that, in England and Wales, a divorce does not end the financial relationship between the parties.

This means that, even years after the divorce has been finalised, your ex-spouse may still be entitled to claim your income or assets.

What is a clean break order?

To dissolve the financial relationship between you and your ex, you need to have a clean break order signed.

Both you and your ex-partner will enter an agreement to prevent you from making claims on future assets or income.

The clean break order can involve things such as the sale of a home or property you bought together or represent a fair division of held pensions.

Even if there are no assets in the marriage, a clean break order is still necessary.

You may not have any matrimonial finances, savings or shared assets but if these come afterwards, your ex-spouse may still claim them.

How do I get a clean break order?

The clean break order needs to be drafted by a qualified solicitor (a template off of the Internet will sadly not do).

The is necessary in order for the judge to grant agreement to the terms of the financial settlement agreement.

Once the clean break order is drafted, it will be processed and approved by the court. Once this happens, the agreement is legally binding.

Find out which type of financial court order you need

Use our quick and easy online tool to find out whether you require a clean break order or another type of financial order.

It’s completely free to use

You’ll find the right service in minutes

We can help you save over £1,000

Everything is drafted by qualified family law solicitors

What happens if my ex won’t sign the clean break order?

Ideally, in cases of amicable separation, the two parties can discuss their finances and come to a mutually satisfying agreement.

However, agreeing on how to split assets and investments upon divorce can breed more conflict than any other part of the process.

If your ex refuses to sign a clean break order or you and your ex-spouse are struggling to come to an agreement, there are various options available.

  1. Solicitor to solicitor negotiation
  2. Mediation
  3. Collabrotive law
  4. Ancillary relief order

1. Solicitor to solicitor negotiation

This avenue is typically recommended for high-conflict divorces.

When the relationship ends, there may be residual conflict and resentment that can easily turn conversations into arguments.

It’s a good idea to seek advice from a solicitor.

If you and your ex-spouse cannot reach an agreement, you can resort to a solicitor to solicitor negotiation: your respective solicitors will negotiate the settlement with each other under you and your ex’s instructions.

2. Mediation

Solicitor to solicitor negotiation can be expensive and often time-consuming.

That’s why it’s recommended to try mediation before resorting to the first option.

In mediation, an independent third party will aid the discussion between you and your ex-spouse in order to help you reach an agreement.

You can also use mediation when drafting the agreement about any other divorce-related issues, such as custody of children.

In most cases, if you can’t reach an agreement and sign the clean break order, mediation will be necessary – you may need to ask the court to do this for you.

However, in cases of domestic abuse, mediation is not usually required.

3. Collaborative Law

Collaborative law refers to four-way meetings that occur between the two divorcing parties and their respective solicitors.

This can help keep emotions in check and help ex-partners reach an agreement about their finances and financial settlements.

This is normally less expensive than going to court.

4. Ancillary relief order

If your ex-spouse is refusing to sign any financial settlement, you may need to go to court and ask the judge to settle the financial matters for you.

This should only be last resort as it incurs additional costs and is usually more time-consuming than any of the other options.

If your spouse is adamant about not signing the clean break order or you cannot agree on the terms of the financial settlement, ask the court to approve your clean break consent order.

This avenue is also known as ancillary relief order.

The reason why the ancillary relief is more expensive is because it involves solicitor and a barrister.

You will also be required to pay the court fees. The benefit is that the court keeps a very strict timeline which ensures your case will not be allowed to drift. It also doesn’t require the cooperation from your ex-spouse.

Matrimonial agreements (clean break orders) are quicker and cheaper than ancillary relief but the former will very much depend on how cooperative your ex-spouse is.

It’s generally recommended to try and exhaust every option, including mediation, before involving the court – this will provide for a fair division of assets and maintain the amicable relationship between the two of you.

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How To Obtain a Clean Break Order

Our Clean Break Order Service make obtaining a financial court order quick, stress-free and affordable.

When using high-street solicitors, you’ll need to visit their offices, attend meetings etc, see how it works with us.

1

Find a suitable service

Use our free online tool to find out which of our financial order services is the best suited to your circumstances. It takes less than 2 minutes and can help save you the stress of finding the service you need.

2

Complete your purchase

Once you’ve found the right service, you can then pay online using our secore checkout. If you would prefer to speak to an advisor before going ahead with us, then please call us on 01793 384 029, or use our free live chat service.

3

Login to your account

Login to your account and provide us with the agreement details so that we can pass them onto our solicitors for drafting. It usually takes 28 working days for your order to be drafted.

4

Paperwork is filed at court

Once the order has been drafted and both parties are happy with the agreement, we will process your financial order application through the courts for you. You’ll then receive confirmation from us once the order has been granted.

Which Financial Order Do I Need Tool V2

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Find out which Financial Order you need following a divorce

Be matched with the ideal service by answering a few simple questions.

Find My Ideal Service
Which stage of the divorce proceedings are you at?
I need to obtain a divorce
I'm already divorced
Do you have any assets to split as part of your financial order? E.g. A family home, pensions or personal belongings
Yes
No, just a clean break

Clean Break Order Service - £199

This service is ideal for couples that want to put their financial split into a legally binding financial order, to ensure no claims by either party can be made in the future.

Ending your marriage doesn't end your financial relationship. This means, even if you don't have assets such as property, pensions or savings to split, you still need to obtain a court order.

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • The order is drafted for you within 28-31 working days.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • Everything can be completed online start-to-finish.
Read More Information On This Service - £199

Managed Divorce & Clean Break - £299

This service involves Divorce-Online handling your entire divorce and the making of a binding clean break order at court, which will put your financial agreement into legal effect following a divorce.

Everything can be completed online at your convenience. It's the most affordable and straightforward way to obtain a clean break divorce. At £299 fixed fee it's excellent value for money.

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Clean break order is drafted by qualified family law solicitors.

  • We handle everything for you, from start-to-finish including dealing with the courts.

  • Track the entire process online via a phone, tablet or laptop. Perfect for busy people.
Read More Information On This Service - £299
Have you reached an agreement with your spouse on your financial split?
Yes
No

Legal Advice Consultation - £99 Service

Speak to our family law solicitors to receive professional legal advice to understand your legal position and where you stand in relation to a financial split.

  • Legal advice is given on your legal position
  • 1-hour telephone call with your solicitor
  • Instantly schedule a call in with your solicitor
  • One low-cost fixed-fee payment of £99
Complete Our Secure Checkout To Get Started - £99
Which assets do you need to split as part of your financial agreement? Select options below.
Division/sale of a property
Division/sale of 2 or more properties
Division/split of pensions
Child maintenance agreement
Spousal maintenance
Division of joint debt(s)
Division of savings
Division of investments
Division/sale of a business
Other
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Detailed Consent Order Service - £399

Our Detailed Consent Order Service is ideal for couples that are looking to put all of their assets and finances into a legally binding financial order, to ensure no claims by either party can be made in the future.

Our solicitors will draft the consent order to your individual circumstances and process the order through the courts for you.

This service can include any/all of the following;

  • Division of pensions
  • Property portfolios
  • Division of business assets
  • Sale or transfer of property
  • Personal belongings
  • Lump sum payments
  • Child/spousal maintenance

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Individually drafted to your circumstances within 31 working days

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £399

Managed Divorce & Consent Order Service - £499

This service is ideal for couples that want to have their divorce completely handled for them whilst putting their financial split into a legally binding consent order.

This service can include any/all of the following;

  • The sale or transfer of a property
  • Division/split of pensions
  • Division/split of property portfolios
  • Division/split of savings
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £499

Managed Consent Order Service - £299

This service involves having our qualified solicitors draft your consent order agreement and file your application with the courts, which will ensure your agreement is made legally binding.

You simply provide us with your financial split information online in your secure account and we do the rest for you!

This service can include any/all of the following;

  • The sale or transfer of a property
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Consent order is drafted by qualified family law solicitors.

  • Everything is handled for you from start-to-finish including dealing with the courts.
Read More Information On This Service - £299

Managed Divorce & Consent Order Service - £399

This service is ideal for couples that want to have their divorce completely handled for them whilst putting their financial split into a legally binding consent order.

This service can include any/all of the following;

  • The sale or transfer of a property
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £399

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