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

Jul 24, 2021

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

As divorce specialists, our clients often tell us they want a clean break from their spouse. What many people don’t realise is that a decree absolute – 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. Here’s what you need to know. 
 
What is a Clean Break Order?
A Clean Break Order is a type of financial order. A Court can grant them after a divorce to end 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. For many of our clients, it allows them to move on with their lives with peace of mind and future protection. 
 
I’m on good terms with my ex, why do I need a Clean Break Order?
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. And because there is no time limit for making a financial claim, your ex can make an application many years after you finalise your divorce. Unless one of your 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.  
 
How can SKB Law help?
If your financial situation is not complex, we provide a Clean Break Order service for a fixed fee.
  • For example, you have no joint assets or you have already divided them.
  • You will not be making any future payments to each other (maintenance, lump sums or pensions).
Book your free 15 minute consultation with SKB Law on 01274 727373. We can discuss your options and next steps. 

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