Has your former partner asked for a ‘clean break’? A common term used by couples that are separating or divorcing, this type of legal arrangement can be essential for providing both parties with their financial independence.
Fortunately, the experienced team of divorce solicitors at Freeman Jones are here to help. Below, we explain what’s meant by a ‘clean break divorce’ and how you can apply for a clean break order in the UK.
What is a clean break divorce?
As the name suggests, a clean break divorce is where both parties completely cut financial ties to one another following their separation. This means all finances are finalised and neither party will be able to claim or receive spousal maintenance from their former spouse once the court order has been implemented.
To facilitate a clean break divorce, you will need to apply for a clean break financial order as part of your financial settlement. You can do this by seeking professional legal support from an experienced divorce or family law solicitor, like Freeman Jones Solicitors.
Why would someone want a clean break?
The biggest reason for seeking a clean break order is that both separating parties want to be financially independent of one another. Clean break orders are most commonly sought by former couples who don’t share dependent children or assets.
This type of financial order can be beneficial for reducing legal fees and ensuring your former partner can’t make any kind of claim on your future finances once you go your separate ways.
What are the disadvantages of a clean break order?
Crucially, a clean break order means neither party has any financial obligation to support the other from the date the order is implemented. This means neither party will receive or be required to pay ongoing financial support to their former partner, including spousal maintenance.
Once this order is in place, it is also extremely difficult to reopen. You must therefore carefully consider your options, taking into account all joint assets such as property and pensions.
Can I get a clean break order without a solicitor?
No, a clean break order is a type of court order and must therefore be properly drafted by a professional solicitor. This will ensure the order contains all the necessary legal provisions to protect both parties from future financial claims.
How much does a clean break order cost in the UK?
To submit a clean break order (as part of a legally binding consent order) to the UK courts for approval, you will need to pay a fee of £58.
However, you will also need to consider the cost of hiring a solicitor as solicitors can play a crucial role in helping both parties to come to an agreement and drafting your consent order.
Prices for these services vary in the UK, costing anywhere between £500 to several thousands of pounds. At Freeman Jones Solicitors, however, we pride ourselves on our fixed fee services with no hidden costs for your peace of mind.
If you’d like to learn more about the cost of obtaining a clean break order with our team’s expert legal support and guidance, please feel free to reach out today!
How long does a clean break order take?
Unfortunately, there’s no set timeframe for how long it takes to obtain a clean break order in the UK. It can take anywhere from several weeks to months depending on court processing times and how quickly you can come to a financial agreement with your former spouse.
Can a judge refuse a clean break order?
As a clean break financial order is part of consent order (a legal document that outlines the agreement made between former partners), a judge can refuse it.
However, they’re only likely to refuse a clean break order if the terms are unfair or it’s suspected that one or both parties haven’t provided a full and accurate financial disclosure.
Can I claim child maintenance after a clean break order?
While clean break orders are best suited to couples who don’t have any dependent children together, this type of settlement has no effect on the parent’s legal obligations to pay child maintenance. Put simply, a clean break order cuts the financial ties between the two parties only.
While you can achieve a clean break between yourself and your former spouse, you cannot ‘clean break’ financial responsibilities for children. Instead, this would need to be included in your final consent order.
Considering a clean break divorce?
Keen to prevent a future financial claim being made by your former spouse or civil partner? At Freeman Jones, we can help you to obtain a clean break financial order, giving you the reassurance to move forward with your life.
Our professional divorce solicitors can support you with accurately completing your Financial Statement (Form E) and drafting a clean break order with all the necessary provisions to help protect your finances post-separation or divorce.
As a leading family law solicitors in Chester, you can rest assured that we’ll put the best interests of your family first by adopting a non-confrontational and constructive approach to all proceedings.
If you’d like to learn more about our clean break divorce legal services, please don’t hesitate to contact our helpful team today.
You can either call us on 01244 506 444, send your enquiry via email to info@fjsolicitors.co.uk, or use our convenient online contact form.
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