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What is a Clean Break Order?
A Clean Break Order is a type of financial order following a divorce or dissolution. As its name implies, this order ensures a ‘clean break’ meaning that all the financial ties between you and your ex-spouse are severed. This draws a line under the division of assets after your divorce or dissolution.
Many divorcing couples are not aware of the need for this when starting their divorce. A Clean Break Order is crucial because, without it, even after your divorce/dissolution has been finalised and the Final Order has been obtained, it is still possible for a financial claim to be made against you by your former spouse.
A Clean Break Order prevents this by dismissing any future claims either partner may make against the other.
What are the advantages of a Clean Break Order?
A Clean Break Order encompasses all capital and property owned by you as well as protecting your income and pensions from further claims. It also protects against any claims on future inheritances or windfalls, such as a lottery win. This means you are protected against any possible financial claim by your former spouse in the future, no matter what happens.
What are the disadvantages of a Clean Break Order?
It is important to note that a court has a duty to consider whether a clean break is fair for a separating couple and there are some circumstances where a Clean Break Order is not appropriate. For example, if one of the parties has a more limited income, or is the primary caregiver for the children, getting a Clean Break Order would likely not be suitable, as they will almost certainly require spousal/child maintenance to help support themselves and/or the children.
Furthermore, if the parent who looks after the children on a day to day basis becomes unable to work, they would have the option to ask the other parent for further financial aid, with the requirement that there was no clean break in regards of their spousal maintenance claim. It is therefore important that you obtain expert legal advice at an early stage regarding your individual circumstances.
There is specific wording required within a financial order so it’s important to take legal advice. The order must be signed by both parties and then approved by a court to achieve a clean break.
As a Clean Break Order will need to be approved by the court, it is important to deal with this at the time of divorce.
Do both parties have to agree to a Clean Break Order?
In short, no. It is not a requirement to have both partners’ agreement in order to obtain a Clean Break Order. It is possible to apply to the court for a Clean Break Order without your spouse’s participation, however, in the majority of cases it is possible to secure a Clean Break Order amicably between both separating parties.
What should I do if my spouse won’t sign a Clean Break Order?
In the situation that your ex refuses to sign a Clean Break Order, a solution would be to apply to the family court for an order, as it is not required for both parties to be in agreement to obtain a Clean Break Order. It should be noted that this will require you to pay a court fee, as well as making financial disclosures and attending a hearing before the court come to a decision. This legal route is more expensive and time consuming than agreeing on a Clean Break Order voluntarily.
In the majority of circumstances, it is possible to remedy this situation through the use of dispute resolution techniques such as mediation or negotiation. This is generally the preferred route, as it is normally cheaper, less stressful and less time consuming. Potential means of resolving a dispute over a Clean Break Order may involve constructive negotiation via your solicitors, arbitration or the employment of a third party mediator. A mediator will hear both sides of the argument and then help to facilitate constructive discussions that hopefully lead to an agreeable solution.
If you are experiencing difficulties getting your partner to agree to a Clean Break Order, we recommend speaking to one of our experienced family lawyers.
How long does a clean break divorce take?
There is no simple answer to this question, as there are many variables that will affect how long the process takes to get a Clean Break Order. For example, if your separation has been fairly amicable and you are able to quickly agree on the terms of your financial settlement, this may speed up the process.
However, if your separation has been contentious and you are not able to quickly agree on these terms, this could delay the process. This will also affect how long it takes for the court to process your application.
There is no set timeframe on how long it will take to get a Clean Break Order, but on average it can take several months. If you are able to agree on a clean break on good terms with your ex-spouse, this will normally be much faster than if you have to go through court proceedings to help decide on the matter.
Contact our divorce and finance solicitors
Our divorce and finance specialists are experienced in obtaining Clean Break Orders for divorcing couples. We take a compassionate and professional approach to all of our cases and ensure that our clients feel listened to and supported. We will make sure that you are fully informed of all of your legal rights, as well as updating you on every step of the process.
At SMR Solicitors, we offer a free 20-minute consultation with one of our family law experts to discuss your situation.
