We don’t have a house or any children. Why do I need a Clean Break Order?

Even if you have no joint assets, a Clean Break Order stops either of you from making a claim against each other in the future. Book your free 15 minute call to learn more.

Jul 24, 2021 | Blogs, Divorce

Overview

A Clean Break Order ends all financial ties and commitments between a couple. It also stops either of you from making a claim against each other in the future.

What Is A Clean Break Order?

Did you know that your Final Order  – the legal document which ends your marriage – doesn’t always give you a clean break from your spouse? Your ex-spouse could still make a future claim against your income or assets. For example, if you start a new business or win the lottery in the future.  A Clean Break Order stops that.
A Clean Break Order is a financial order that you obtain from a court. It ends all financial ties and commitments between a couple. Both parties must agree to the Order. Even if you have no joint assets, a Clean Break Order stops either of you from making a claim against each other in the future. It allows you to move on with you life with peace of mind and future protection. 
  • Do we both need to agree? Yes. In order to apply for a clean break order, you will both need to agree and make a court application. 
  • Why do I need one if we’re on good terms? Your divorce application legally dissolves your marriage and brings it to an end. However, it does not end your financial obligations.  You might be thinking, we don’t have any joint assets and we’ve agreed we don’t want anything from each other.  A private agreement whether confirmed in writing or not, is not legally binding. That means once you finalise your divorce, there’s nothing stopping your ex from filing a claim against you in the future. And because there is no time limit for making a financial claim, your former partner can make an application many years after you finalise your divorce.   
  • What if one us remarries? The person who remarries is unable to make a financial claim against their former spouse.  This does not stop the other party from making a financial claim, if they don’t remarry.

What To Do Next?

Speak to our team if you’d like to learn more or start the process to obtain a clean break order.

  • How much does it cost? – if your financial situation is not complex, we provide a Clean Break Order service for a fixed fee of £1500 + VAT.  This is useful for couples who have no joint assets or have already divided them; and, you will not be making any future payments to each other (maintenance, lump sums or pensions). We also offer a Joint Divorce and Clean Break Order package for £2000 +VAT. 

We hope you found this article helpful. Please note, it is not intended to replace legal advice. If you have any questions, please contact our team and book your free 15 minute consultation to find out your options.

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