top of page
Search
louise davis

What is a 'Clean Break Order' ?


One of the most common misunderstandings we deal with when speaking with potential clients about their needs is the belief that getting divorced ends all ties relating to the marriage. In particular it is a common misconception that getting divorced ends all financial ties to the marriage whether there were jointly owned assets or not.


When you get married a financial tie is automatically created between you and your partner. If you subsequently divorce your partner it may surprise you but the financial tie does not end automatically; you remain financially tied to your ex partner.


A 'Clean Break Order' is an Order that the Court can make which serves to end the financial ties between you both after you divorce. Where there are no jointly held assets to the marriage, such as a home or joint bank accounts, which would require a Financial Consent Order, we would always recommend that serious consideration be given to getting Clean Break Order as part of your divorce.


A divorce brings your marriage to an end from a legal perspective and there are processes which you must complete in order to ensure that your divorce is finalised and legal. Whilst it is possible to complete the divorce process by yourself, it is also a very emotional and pressurised experience which many people feel is made easier by having an expert manage their divorce for them. If you wish to speak with one of our Divorce Consultants about your situation then book your free consultation here.


If you have joint assets to the marriage such as a house, bank accounts, investments or any other jointly held property then, as mentioned above, you will need to reach agreement about the separation of these assets. We are able to assist in the process of reaching agreement and you can read more about our Divorce and Financial Consent Order Service for Couples here, or our Divorce and Financial Consent Order for Individuals here.


If there are no jointly held assets to the marriage then we would, as mentioned above, recommend that serious consideration be given to a 'Clean Break Order'.


A 'Clean Break Order' is a form of Consent Order but rather than detailing the separation of assets, it details the Clean Break itself in that both parties keep what they have and that all financial ties are ended. Most importantly, it also prevents any future financial claim being made by one of the parties against the other at any point in the future.


The concept of the future financial claim and the importance of a 'Clean Break Order' is best described via a scenario that actually played out in the Courts; if you don't have a 'Clean Break Order' in place and you win the lottery, your ex can make claim to some of those winnings. Whilst that is an extreme change in financial circumstances, if you were to secure any kind of notable improvement in your financial position, the lack of a 'Clean Break Order' places that notable improvement at significant risk.


How Much Does it Cost to Get Divorced and Get a Clean Break Order?


In addition to being incredibly stressful and upsetting, divorce can be incredibly expensive.


To engage a traditional local divorce solicitor to manage your divorce and draft and seal a Clean Break Order would cost in excess of £3,000.


To engage an alternative online divorce service provider to manage your divorce and draft and seal a Clean Break Order would cost in excess of £500 for an individual or £780 for a couple divorcing amicably.


To engage My Online Divorce to manage your divorce and draft and obtain Court approval for a Clean Break Order would cost just £349 for an individual or £579 for a couple divorcing amicably.


If you want to benefit from the very best support and guidance for your divorce whilst also enjoying the very best prices then contact us today and book your free consultation; tell us your story and become part of our story.



10 views0 comments

Recent Posts

See All

Comments


bottom of page