The technical name for a “clean break order” is a Financial Remedy Order. A Financial Remedy Order is simply a financial settlement upon divorce. You may also hear it being referred to as a Consent Order. Broadly speaking, a Clean Break Order severs all financial ties between you and your spouse or civil partner.
Is a Clean Break Financial Remedy Order right for me?
This will depend entirely on individual circumstances. Factors such as having dependent children, income, financial resources, assets and debts, will all come into play, along with any other relevant circumstances.
Therefore, it may not be appropriate for all financial ties to be severed, if, for example, one party has a very limited income and/or has children living with them.
What happens if I do not have a Clean Break Financial Remedy Order?
Without one of these Orders, claims between you and your spouse or civil partner remain open now, and in the future, even if the divorce is finalised.
This could mean that at any point in the future, you or your spouse or civil partner could claim the other if there is no Financial Remedy Order in place or a clean break is not achieved.
What is the format of a Clean Break Order?
A Financial Remedy Order needs to be in a very specific format to be accepted by the Court. Therefore, we would always recommend that a legal specialist prepare this for you. Any Financial Remedy Order is always subject to the approval of the Court, so careful consideration needs to be given to the agreement, to increase the prospects of it being approved by the Court.
A common misconception
Many people mistakenly believe that provided the divorce has been finalised, there is no further action to be taken and ex-spouses or ex-civil partners cannot make claims against each other. However, that is not the case, and a financial settlement must be also entered into so that both parties have the certainty of a financial settlement and can rely on this in the future.
Each case is different, so if you would like advice on your particular financial circumstances, please contact our expert Family Law Solicitors for advice and assistance.
