A clean break order is a legally binding document that has been agreed by both parties in a divorce and is approved by a judge.
A clean break order severs all financial ties between both parties and ensures neither you nor your ex-spouse can make a claim against the other’s finances in the future, including inheritances and pensions. Without a clean break order an ex-spouse is able to make financial claims in the future, irrespective of current circumstances.
The court has a duty to consider whether a clean break is appropriate as there are some circumstances in which it is not possible.
Who is a clean break order suitable for?
A clean break order is suitable for couples who have acquired very few assets together during their marriage.
It is not suited to couples who have multiple assets and and it does not include spousal maintenance. If spousal maintenance is required, we recommend you choose one of our online consent order services.
Some people without any meaningful assets may dismiss the need for a clean break order.
This is a mistake, as you never know when your financial circumstances might change.
And if they do, your ex-spouse is legally entitled to make a claim or request further financial provision from you.
Indeed, there have been a number of high profile cases that show what can happen if a clean break order is not obtained.
A clean break order will provide peace of mind for both parties.
And whether a clean break is possible or not, you should always have a consent order in place that sets out any financial agreements.
How we can help you obtain a clean break order
It is always best to finalise any divorce settlement through a court as a verbal agreement will leave you vulnerable.
If you have started your own divorce proceedings and now want a legally binding agreement, we can help you obtain a clean break order.
Alternatively, you may have already instructed a lawyer to represent you in your proceedings but the costs of them preparing your clean break order are prohibitve.
In this case, we can prepare your clean break order online as a standalone service.
Or you may want Express Divorce to handle both your divorce and clean break order. In that case, we recommend you consider our Managed Divorce and Clean Break Order service.
Express Divorce guarantee you will save between £1000.00 and £1500.00 on traditional solicitors’ fees if we draft your agreed Online Clean Break Order.
More key facts about clean break orders
Do both parties need to be in agreement?
No, if necessary, you can apply to the court for a clean break order without your spouse’s agreement.
Do I need a solicitor to obtain a clean break order?
We would always recommend that you instruct a solicitor to draft your clean break order to ensure that your best interest are protected.
Visit our online clean break order page for more details: https://expressdivorce.co.uk/clean-break-order/
Does a clean break clause affect child maintenance?
No, child maintenance is not affected nor ended by a clean break order.
Is a clean break order final?
Yes, a clean break order completely severs all financial ties between you and your ex-partner. Only in exceptional circumstances can it be overturned, such as if fraud has occurred, or one party does not fully disclose their assets.